Monthly Archive for October, 2010

Disgruntled Employees Outdo Terrorists

Two articles on the Brand Killer Robots blog drew my attention. Not because the data offered anything new, but that Stephen Ryan was able to create a bot to clearly show that insiders, employees, and former employees are the most likely to launch cyber attacks.

Raps BOT : Predicts Insider Cyber Terrorism Threat HIGH

Raps Bot : Sniper Attack Methods – Number 1 Cyber Terrorism Threat

Facial Recognition for the Masses

Facial recognition software

Enter a photo at  http://developers.face.com/tools/#faces/detect and locate all photos of the same individual on Facebook.  This is limited to your friends at this point, but some developers are putting this on iphone apps. You can snap a photo on the street and get all their info through Facebook and other services this way.  In May 2010 they state that their Facebook apps have scanned over 7 billion photos in total and identified no less than 52 million faces.

This is something to watch as it has some interesting applications for the Investigator.  Of course some people will think the sky is falling due to the  mere existence of this app, but the technological genie was let out of the bottle a long time ago.

Good Intentions Gone Bad

The Law Times reports that 50% fail the new Ontario PI Exam

Since April 15, private investigators have been subject to a new basic training and testing requirement. Recent estimates at some agencies put failure rates at about 50 per cent.

Criticisms of the new system include the fact that there’s no approved curriculum for the training component; that those who design the courses don’t get to see the exam beforehand; and that the test is too broad and not necessarily relevant to the work private investigators do.

As well, people have complained that there’s no handbook to help prepare for the test. “There were questions on it that I will never come across in my area of expertise,” one commentator identifying as a private investigator recently wrote on lawtimesnews.com.

It’s obvious, then, that there are flaws. Once again, good intentions at ensuring and raising proficiency standards are having unintended consequences.

We have to ask why the Ontario government is testing for useless knowledge? The simple answer is, because they can. Continue reading ‘Good Intentions Gone Bad’

Division of Powers – Vital Statistics

Vital Statistics – Birth, Death, and Marriage certificates

These bits of paper define our identity in today’s society.

The Solemnization of Marriage is a provincial matter according to S 92(12) of The Constitution Act of 1867. Birth and Death records are generally held to be a provincial matter under S.92(16) which reads, “Generally all Matters of a merely local or private Nature in the Province.” For the purposes of proper administration, the territories have been granted the power to record vital statistics.

One must be an authorised person to request these records, and most provinces, in most cases, are very careful to ensure that a person requesting such documentation is entitled to receive the document.  The Investigator will require a letter authorising such a search for these records from the person or estate involved.

Court dismisses claim that investigation was abuse of process and conspiracy

Ontario Superior Court dismisses claim that insurer’s investigation constituted abuse of process and conspiracy

The Ontario Superior Court ruled that a plaintiff’s claim that an insurer’s investigation constituted abuse of process and conspiracy was scandalous, frivolous and vexatious… Continue reading ‘Court dismisses claim that investigation was abuse of process and conspiracy’

Division of Powers — Divorce Actions

Divorce Registry

The Divorce Registry maintained by the Federal government was designed to prevent both spouses from proceeding with separate divorce actions in separate jurisdictions.

The divorce actions recorded in the Registry cover all of  Canada and go back to 1978.

Murder in Google

This tool rules out some choices for vacation locales:  Murder Captured By Google Street View Car

Division of Powers – Criminal Law

Under the division of powers, the federal government has exclusive jurisdiction over criminal law and procedure (section 91(27) of the Constition Act of 1867) the provinces have jurisdiction over the administration of justice, including criminal matters (section 92(14)) and penal matters (section 92(15)) regarding any laws made within provincial jurisdiction. Thus Canada has a single Criminal Code but many provincial laws that can result in incarceration or penalty.

Criminal and Civil Courts

This means that the Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts are matters handled by the Province. It also means that the Province handles the Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in  Section 92 of the Constitution Act of 1867.

For the Investigator, this means that the majority of the criminal prosecutions occur in courts administered by the provinces and that most civil actions are issued in provincial courts.

Division of Powers

This is the first in a series about how Canada works. An Investigator must know these things about his country in order to know who is responsible for creating and maintaining the information that he may need.

The Canadian Federation

Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and ten provincial governments.  Presently, the three territories are creations of the Federal Parliament and exercise delegated power and not sovereign power.

The federal nature of Canadian constitution was a reaction to the range of colonial diversities of the different regions of Canada. Federalism was also considered essential to the co-existence of the French and English Canada.

The division of powers between the federal and provincial governments was initially outlined in the British North America Act, 1867 (now the Constitution Act, 1867), which, with amendments to both, form the Constitution of Canada. The federal-provincial distribution of legislative powers (also known as the division of powers) defines the scope of the power of the federal parliament of Canada and the powers of each individual provincial legislature or assembly.

The Toilet Paper Shortage of 1973

The writers for Johnny Carson heard that the U.S government was having a hard time getting bids for the supply toilet paper and that it might be possible that in a few months the United States could face a shortage of toilet tissue.  They took the words of a Wisconsin congressman who said this, Harold Froehlich, and decided to add a joke for Carson for the next evening show.

This had some far-reaching and unintended consequences. Continue reading ‘The Toilet Paper Shortage of 1973′