Saturday, September 29, 2012

Upgrade Canadian Justice System

I think the law is a wonderful thing that protects our society but is also far too often unfair and illogical in how law is used to shape our lives and this world.  I like many lawyers and judges and court masters that I have met - even after dealing with them.  It is a hard job they do, I just think that in order to keep up with the modern democratic world, the Canadian Justice system needs a major operating system upgrade to better protect the public's legal rights and pocketbooks... We have to be more active to demand what works for better helping the general public, rather than allowing the law society and judges create rules that protect only them, serving to increase legal revenues and their unquestioned powers to do whatever they want - and get away with it - legally.

If you have a problem with lawyers or judges abusing your legal rights or making very questionable decisions against you, you can only complain to their co-professionals (ha, ha good luck with that ) - there is nobody empowered to help the average person.  Doctors, Dentists, Engineers, Nurses, and Teachers can be easily taken to court - but how do you sue a lawyer or judge and get a fair chance at success ?  We all know that lawyers and judges cover for each others to protect their own profession and to milk the public for as much as possible.   What we lack is a way to effectively protect ourselves from being cheated and abused by crafty lawyers and subtly abusive judges.   ( exampleA Canmore Rabbits: Onischuk v Canmore, HMQRA  ABQB 1101-14786   exampleB - more later)

A classic example is the case of Lucy the Elephant in Reece v Edmonton whereby a couple of non-animal friendly (pro-government) judges crafted some legal arguments to (wrongly) give dictatorship style decisions: that absolutely no evidence of defendants can override professional healthcare evidence of qualified veterinarians, and that nobody in the public has any legal rights to challenge any wrong-doings of government and especially for government animal abuses.  When nobody in the public can FAIRLY challenge any government wrongs in Court then we are living in a communist style dictatorship.  One Appeal Judge Ms.Fraser was the solo voice of reason - but without any public mechanism to question, suspend or overturn the decision of the crafty Judges we the public must now live with the self-serving (job security/promotion) legal decisions that are  contrary to the fundamentals of justice ( proof, all equal before law) - and that such wrong decisions then act to spread the damage to cases that cite the two errant judges. other examples can easily be found - but their is no independant agency to track and investigate legal complaints so the total damages are unknown.

For each province, we need to legislate at least one publicly elected Legal Review Board that oversees the law society, law courts and judges. Like a driving license, both lawyers and judges should get demerits for bad behaviour and legal abuses should result in fines, suspensions and if continued then termination. Of course with good behaviour and time those demerits drop off. This would also help the legal review board to balance the law society opinions of who should be promoted to a judge based on actual performance as rated by the people directly affected by their lawyers actions - not just good old boys clubs and political connections.  Let the truly meritorious rise to the top - and stay their only by continued good performance ( just like any other job of employee reviews - welcome to the real world everyone else copes with ).

Lawyers could then also complain to the independent Legal Review Board about bad judges without fear of being cast out of their law society or from being blocked to become a judge someday.  The LRB complaints and demerits assigned to lawyers and judges could also be used to determine which judges deserve to be trusted as appeal court judges and supreme court judges. Everybody wins as the overall system would be fairer and better balanced with honest feedback of the public whom are now far too often, simply victims and sources of revenue for the legal profession.

Complainers would pay the Legal Review Board investigators a modest filing fee ($50) plus an modest hourly investigation fee (about $15/hr) that would be further subsidized by the governments of the province and Canada.  The way it is now, you would have to pay $600 to file an appeal plus $100/hr for courts transcripts, plus all the legal costs and lawyer fees BEFORE the Court of Appeal would even consider to look at your case (which you have to scramble to file an appeal within 20 days - why ? to make you go to a lawyer.  I note that in Canada you do not have a legal right to appeal in statutes - if you miss the appeal filing deadline you have to ask permission (!! not a Charter right!!), that is often refused - why ? also why do we not have the legal charter right to a trial by jury - so judges can fix your case to go the way they want it to, especially when suing government, big corporations, lawyers or any politically connected friends )

There are a lot of fine lawyers and super good judges, and though the work is hard, so are many other jobs and the lawyers and judges do get paid very well.  The independent Legal Review Board would help protect good judges and lawyers and ensure their high standards are met by other lawyers and judges. 

It is up to the public to demand a better system and better rules to protect ourselves, our hard earned money, our legal and civil rights of democracy.  People fought and died for thousands of years to make democracy better for us - let's not be lazy and let this slip away to continue an undemocratic, archaic system of law that is far too often an unfair, abusive dictatorship of unquestionable and zero-accountability judges and lawyers  - simply because there is no real world EFFECTIVE feedback mechanism to regulate the legal system.  It really is up to YOU to urge government representatives to get laws passed to better protect the public and to empower an independent Legal Review Board.

PS - I think we need to hire more good judges. For example the Supreme Court of Canada should have four courts - West (BC, AB, SK, MB) Central (ON) East (QB) and Maritimes (PEI, NB, NS, NF-Lab) to deal with all of the cases- not just 10 percent of all the applications they receive from lower Courts. This will ensure the lower Courts are following Canada higher court decisions properly and not playing favorites to governments or big corporations. To better protect the public only the best Judges would be able to qualify for Supreme Court based on their demerits records in lower Courts. Oh yes, by the way, Supreme Court decisions should be first shared among judges to resolve differences in opinion before a judgement is passed - and if the decision is split by one vote, then that has to go back to the drawing board ( a clear majority should always be given ) or must be reviewed after two years to see the impact of the decision.

PPS -  the law courts could save thousands of acres of trees every day and greatly reduce storage space - Provincial and Queens Bench courts should only require one original paper form of court documents and evidence documents that should be electronically scanned by the courts and made available online (see US Federal Courts 1990's ).  All other copies of evidence and often thick books of authorities-case laws should only be filed as PDF format on CDROMs.  On appeal, the Court of Appeal should then automatically receive CDROMs of all scanned Court documents filed at the Queens Bench Court file - thus ensuring accuracy of information and saving everyone from having to reproduce 5 paper copies to the Court of Appeal as well as to each of the Respondants.  Time for all the Canada Law Courts to go enviro-friendly !!



Saturday, July 14, 2012

CERN Proton Accelerators - Limits of Ignorance

The single photon interference pattern experiment ( David Deutsch, The Fabric of Reality, Penguin books 1997 - see Timeline by Michael Chrichton p.129,130,495) is known science that space-time foam theory postulates adjacent universes and mutual interaction among similar universes. That experiment lends credence to the theory that every time an accelerator particle is created or destroyed by us, multiple universes will create/destroy particles that interact - and possibly may constructively interfere and may possibly cumulatively converge in our universe, or that we may stimulate a cumulatively destructive event in other similar universes that may have a  "tumbling domino" effect back to our universe ( Quantum Entanglement or simply resonance in a closed energy system as the Deutch experiment implies ). Will we be projecting hazardous event probabilities into other universesScientists just don't know. ( "Privileged Character of 3+1 Space" bottom right graphic of multiple unstable and unknown areas ). One hundred years ago, Einstein was believed to have solved the universe, yet time has shown us greater complexities, and extremely high powered accelerators now tread in deadly areas of ignorance - extreme caution must always be the priority. We should not allow the curiosity or arrogance of present day scientists to make dangerous assumptions "in the name of science" for as the book 101 Theory Drive (Dr. Lynch-brain memory functions) has clearly shown, almost every aspect of scientific community research is tainted by  arrogance and desperate grasping for funding via publication recognition that is dominated by the peer reviews that are controlled by publishers and those established who want to defend outdated ideas mainly to protect their own interests and funding. Tragically, we pay rock stars and athletes far more than most research scientists, MDs and dentists - the key people of society that enable progress for all.   We need to retool scientific research reviews, publication and funding.   I ask Bill and Melinda Gates to start a brain trust award to outshine the Nobel prizes - a $5 Billion "Gates Science Award" endowment fund that would award $200 million per year to the top 100 scientific achievements.  Particle physics science is still in an infancy stage, including theories that will likely be replaced.. Today the causality model with fractal properties is very appealing to me and intuitively sensible as nature simply reuses established principles already observed in nature also noted in Chriton's book Prey" and in Lynch's book as well.  So more efforts should be made to better understand the self organizing, collective emergent intelligent behaviours exhibited in swarms, colonies of the natural world to better understand the causal universe. The causal-fractal universe implies there are a multitude of proximate and sub-fractal structures we may affect without even considering n-dimensional fractal space possibilities or adjacent fractal spaces.  A few years ago, one scientist quoted the odds of the CERN accelerator creating a black hole as one in 50 million - those lottery odds accept that eventually somebody does win.  Who can say whether higher TEV levels will create a stable black hole or a stable hole in space-time here on Earth ?   A massive space hole 1 billion light years across was recently found.  The 1 TEV limit should be maintained until more substantial theories can justify higher energy exploration. Ultra-high powered particle accelerators should be restricted to off-planet research. Scientists should focus on miniaturizing such accelerators for off planet deployment (funding via military weapons research)or finding observable sources in the universe around us. We have one planet - lets not let some over-eager scientists blow it for us all.   ************** Postscript ****************
I think the David Deutsch theory for single photon interference is poorly understood science, yet this simple phenomenon created a half-baked theory from a reputable scientist and authors (Chriton-Deutsch), and has puzzled other scientists for many years.  As I woke 21 July 2012,  I came to realize the single photon experiment simply proves (to me) that light photon particles inherently travels as waves.   Because the distance is so relatively vast from the source to slits to the wall, the photons have time to exert their wave properties. If we were able to use a columinated cohert (laser) light source, perhaps this phenomenon would no longer be observed - providing that the distances were relatively small compared to the light beams modal dispersion that would enable the photon wave function to exert itself.  Note that we could not simply create time sampling intervals to approximate single photons, as doing so would effectively be sampling function of a wave form which would also sample the characteristic photon wave curvature properties ( notwithstanding sampling function shannon-nyquist limits for waveform reconstruction which would likely not apply at a photonic level ). (july 26- found this interesting experiments yet wonder that although we can impose a behavioral mode upon particles (in a causal universe of entanglement) that may not necessarily remove those particles or entangled particles inherent behavioral properties (that eventually emerge) any more than making an atheist go to church or to recant their views of non-heliocentricity). This all tends to reinforce Causal theory of a multitude of fractal universes - which debunk wormholes in space unsupported theory and space-foam multiverse theories of  the respected professor- physicist Wheeler who failed to grasp (or admit) the simple fact that if light cannot escape a black hole that created a wormhole, then how can anything more massive ever escape ? science should not cross-over to realms of voodoo like beliefs which dominant personalities and media enticing pet theories tend to enable unhealthy unrealistic expectations in society. e.g. most people believe space colonization per Star Trek is just around the corner, and so this unrealistic societal belief causes us to be more wasteful and accepting of pollution, species annihilation and environmental degradation.  The truth is that it is going to be many millenia before we get to any life sustaining planet - it will take a long time to terraform Mars to be habitable (not even close to the lush healthy planet we have now - see recent Biosphere experiments failures trying to simulate a closed habitat here on Earth ).   More to my earlier point, if brilliant physicists like Deutsch or Wheeler get so wrapped up in their own media-attention grabbing pet theories (like us all, a human condition) so they cannot see the obvious in a single photon experiment, or wormholes in space, then what lies ahead for more complex experiments in the realm of high-energy accelerator experiments ?  Microsoft with all its vast wealth, time and manpower still cannot build a flawless computer operating system (I calculate that over the past 10 years that Microsoft worldwide has caused the loss of over 100 million hours wasted on "system clock time synchronization errors" blocking operating system updates - just one flaw) - thus my point that i doubt CERN scientists can predict (in self-admitted unpredictable quantum test world) or build software and devices that are 100% flawless to control or deal with each and every unexpected, potentially catastrophic events.  I do not intend to be a fear-monger or Luddite in a windmill,  but I do think that physicists need to proceed with good healthy caution in all potentially dangerous, potentially irreversible experiments.  Quantum Entanglement and particle transporters are the public lure which we all hope works out as scientists want it to, however, some sensible precaution must be taken too ... ***** peace *******  why not spend those billions on solving immedaite world problems like providing clean water and crop seeds for Africa and other poverty areas of the world ? ********  to me a puzzling fact of unexplained science is the phenomenal durability and longevity of photons which having been ejected from distant suns of far galaxies have traveled trillions of miles for millions of years without losing energy or their native base frequency characteristics beyond relativity acceleration effects - really quite stunning when you think of it. i guess space is a near perfect vacuum (so where is all the dark matter concentrated) and photons are so negligible mass and size that there is no appreciable effect even after entering our huge-gap molecules of our atmosphere. perhaps the accelerator can solve those mysteries of the photon..  Perhaps dark-matter is simply the accumulation of ultra-low energy fields of particles that become the graveyard of expended photons and other nearby particles and decaying photons. ** 26 july note:  i also wonder if the quantum time fluctuations observed are analogous to the tectonic plates, except instead of being a birthing ground of continents, we are observing the births of a  multitude of time quanta (time dimension) that is seeping into our universe and by its proximity and relative magnitude to sub-atomic particles, has a large influence that causes weird particle behaviours - including tachyons apparent backward time-travel. I do believe we need to explore quantum space, and the accelerator is a useful tool.  the greatest fear we should have is the excessive number of nuclear weapons awaiting deployment worldwide. as well as species extinction due to massive global warming effects in antarctica and greenland.*****