Life in Canada

Competition Bureau Seeks to Prohibit Anti-competitive Real Estate Rules

OTTAWA, February 8, 2010 — The Competition Bureau announced today that it will challenge rules imposed by the Canadian Real Estate Association (CREA) that limit consumer choice and prevent innovation in the market for residential real estate services.

The Commissioner of Competition has determined that CREA’s rules restrict the ability of consumers to choose the real estate services they want, forcing them to pay for services they do not need. The rules also prevent real estate agents from offering more innovative service and pricing options to consumers. The Commissioner’s application to the Competition Tribunal seeks to strike down these anti-competitive rules.

“Selling a home is one of the largest financial transactions that most Canadians make in their lifetime,” said Melanie Aitken, Commissioner of Competition. “Consumers should be able to choose which services they want to buy in order to facilitate that transaction, including lower-cost options. While the Bureau would have preferred to resolve this matter amicably, CREA’s leadership was unwilling to agree to changes that would have opened up competition, and offered options for consumers and real estate agents.”

The Bureau’s challenge is against rules imposed by CREA on agents who list properties on the Multiple Listing Service (MLS) system. The overwhelming majority of real estate transactions in Canada make use of the MLS system, which includes important information available only to CREA members. Before listing a property on MLS, agents must agree to comply with CREA’s restrictions on the service options they provide to Canadian consumers.

For example, under CREA’s rules, agents are prohibited from offering consumers the option of simply paying a fee for an agent to list a home on the MLS system. Instead, all consumers looking to list a property on MLS must purchase a pre-determined set of additional services from a real estate agent, such as the presentation of offers and negotiation of a final deal.

“The Bureau is focused on striking down these anti-competitive rules, so that real estate agents wishing to offer innovative services can do so, and consumers can benefit from greater choice,” said Commissioner Aitken. “While the market will ultimately determine prices for residential real estate services, we expect that if the Tribunal strikes down the anti-competitive restrictions, there will be downward pressure on real estate fees in Canada.”

Once filed with the Competition Tribunal, the full text of the Bureau’s filing will be available on the Tribunal Web site.

The Competition Bureau is an independent law enforcement agency that contributes to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.


Bravo Canada well done

Multiple listing service (MLS) is short-hand for a system that co-ordinates the orderly buying and selling of real estate. One of the key components of the MLS system is a centralized database of listed homes for sale. Owned by real estate associations like The Canadian Real Estate Association (CREA), it can effectively shut out competition by setting their own rules on membership and deny the flow of information to non-members.

MLS were seen by some as uncompetitive. As with all things having to do with consumer protection, Canada, better late than never, acted on the allegations of MLS’ uncompetitive conduct, with the Competition Bureau announcing it was challenging how MLS does business.

What exactly is the problem?

Real estate associations (often USA) and MLS are analogous to the legal profession: an insular, self-governed body which guards its intellectual property like a jealous lover. In the 1980’s, Jane Harvey opened a pure retail law firm to the horror of the profession. All her offices were in malls and she advertised her prices; advertised was prohibited by the Rules of Professional Conduct. In 1987, the Law Society of Upper Canada allowed advertising due in part to Jane being a ground breaker.


MLS is, in practice, a totality of real estate services. For the real estate agents, it is a way for listing agents to publish its compensation along with the property description. For the public, in order to list real estate on MLS, one typically has to buy the bundle of services which includes hiring a real estate agent, using the standardized agreement of purchase and sale forms, negotiating the deal, registering the sale etc.

There are two primary ways around this traditional model. Flat-fee MLS describes a real estate agent posting a property for sale on MLS for a customer with no other services provided; The compensation is paid immediately.

Others attempted to set up internet-based businesses outside of the MLS system. Typically, these allowed customers to search a separate database downloaded from MLS themselves rather than having a broker do it. For the time saved, brokers could, and often did, charge less commission. These types of sites are sometimes known as virtual office websites (VOW) because they operate without traditional bricks and mortar operations.

Various MLS’ prohibited flat fee MLS to prohibit real estate agents competing on price (according to the Canada Competition Bureau, CREA engages in this practice). In other cases, real estate brokers simply did not deal with brokers who set up VOWs or information from MLS was not provided in a timely manner to VOWs.

What has been the solution?

In 2008, the U.S. Department of Justice settled with the National Association of Realtors (the equivalent of CREA) after an investigation of its practices in connection with VOWs (here is the press release). As part of the settlement, VOWs will be treated no differently than the traditional broker. A real estate broker operating a VOWs must be accepted as a member of MLS regardless if she is operating a non-traditional business model. The VOWs shall be provided with timely information and MLS members who do not operate VOWs must treat VOW brokers the same as a non-VOW broker.

Two comments after reading this settlement:

* First and foremost, the settlement really speaks to real estate association conduct against its broker members. In many respects, the Department of Justice is settling a civil war between agents who uphold the status quo vs. agents who want to provide different service offerings.
* The settlement protects the proprietary intellectual property of MLS. VOW must take precautions against any customer misappropriating MLS information. The settlement is not about smashing MLS; it is about defusing the information in a responsible way which acknowledges the capital costs of building and maintaining the MLS.

In many respects, the settlement acknowledges that real estate agents can chose to race to the bottom on fee or provide traditional services with traditional compensation. The question comes down to what the customer perceives as value.

What does this all mean to me?

MLS’ get big for a reason; they are smart and ruthless. What did some MLS’ do in the wake of the Department of Justice settlement? They set up their own VOW to compete with the existing VOWs. More service offerings to the consumer is not such a bad thing. After all, a MLS owned VOW can always up sell a customer to full brokerage services.

In Canada, the Canada Competition Bureau has examined the Department of Justice settlement critically. I would not be surprised if it took a similar approach and, in addition, force CREA to allow flat fee MLS.

The ultimate effect may be a choice between a quantity based model (low margins, high volume) of a VOW and flat-fee MLS and a quality based model (high margins, lower volume). This is not too bad for the consumer.

Canadian Capitalist has a post on the MLS’ alleged uncompetitive practices. I found some of the comments have a sky is flying tone to them and others believe this will alter the real estate industry for good. The result will be somewhere in the middle.

In some cases, vendors and purchasers will require a full set of real estate brokerage services just like some smaller clients may need a larger law firm to represent them (if your civil liberties are at stake, you really don’t want to hire the lawyer on a fixed price schedule). In other cases, a flat-fee MLS may do them just fine.

However, at the end of the day, you get what you pay for in life and, if given a range of choice, you choose You cannot deny the option of that person to make that choice and that mistake and policy-making should not be around this concept.

It will be interesting to see when and how the Competition Bureau rules but don't hold you breath

Tips on organizing your estate

If a member of your family winters down south or is about to embark on a long trip and you may need to get a hold of important financial information.

Keep your will and power of attorneys in one place.

If you have hired a lawyer to draft your wills and power of attorneys (a power of attorney for personal care is also known as a living will), the back page of the will typically has the contact details of the lawyer so that the executor can quickly contact them if you need a lawyer to help you settle an estate.

If you have alternate power of attorneys, one power of attorney should be releasable to your first choice in the event the power of attorney is required. In the event the first choice has predeceased you or is no longer able to carry out their duties, a legal document known as a “direction” should be on file which directs the power of attorney to be releasable to the 2nd choice; if you have two power of attorneys issued, you have two people with power over your property or personal care.

This is an especially important point if your primary power of attorney is your spouse and you both pass away at the same time or the survivor passes away shortly thereafter. A direction is typically kept on file by your lawyer (safe-keeping of wills and power of attorneys is often an over-looked aspect of why you should hire a lawyer to draft a will; in some jurisdictions, a lost will can be interpreted as no will at all).

Here is the important point: let someone know where you have kept these documents and provide them access to it whether through a copy of the key to the safety deposit box, the combination to the safe or the contact details of the lawyer who drafted the will.

Provide a one page memo of your holdings.

As Canadian Capitalist suggested, a one page listing of all our bank accounts, insurance policies and portfolio statements would be helpful. To drill down one more level, it should not only list the account name and numbers but who to call for more information. In the case of insurance policies, it may be helpful to list the insurance broker’s name since many older policies are underwritten by a different company than who issued it given the consolidation in the industry. The account number on the insurance policy may be different so the broker should be able to provide some assistance.

One would be surprised how much unclaimed money there is in bank accounts or unclaimed insurance proceeds simply because the executor did not know an account existed or a policy was purchased.

Photocopy important underlying documents.

This tip is especially important if the deceased was born in a different jurisdiction. Photocopies of birth certificates, and citizenship cards are important if you have to claim property in other countries. The deceased may have copied account numbers wrong and the one page summary sheet becomes incorrect.

If you photocopy underlying documents and produce a one page memo of your holdings, it would help to put them in a folder which, in turn, is stored in a drawer or cabinet. In this manner, it is easy to find rather than having an executor rummage through drawers to find one item and then a set set of drawers to find the other.

Provide the password to computers

Certain accounting software now as emergency record features. However, if the executor cannot access a password protected computer, how can they use this feature? The alternative would be to save all of the above on a USB card and to provide it to your executor.

Art

Class Actions in Canada

Founded in the 19th century, the Canadian Indian residential school system was intended to force the assimilation of the Aboriginal peoples in Canada into European-Canadian society. "When Amerindians had asked for schools during treaty negotiations, they had envisioned them as a means of preparing their children for the new way of life that lay ahead." The purpose of the schools, which separated children from their families, has been described by many commentators as "killing the Indian in the child."

Although Education in Canada had been allocated to the provincial governments by the British North America BNA act, aboriginal peoples and their treaties were under the jurisdiction of the federal government. Funded under the Indian Act by Indian and Northern Affairs Canada, a branch of the federal government, the schools were run by churches of various denominations — about sixty per cent by Roman Catholics, and thirty per cent by the Anglican Church of Canada and the United Church of Canada, along with its pre-1925 predecessors, Presbyterian, Congregationalist and Methodist churches. This system of using the established school facilities set up by missionaries was employed by the federal government for economical expedience. The federal government provided facilities and maintenance and the churches provided teachers and education.

Largest Class Actions in Canada

The largest class action suit to date in Canada was settled in 2005 after Nora Bernard initiated efforts that led to an estimated 79,000 survivors of Canada's residential school system suing the Canadian government. The settlement amounted to upwards of 5 billion dollars

The foundations of the system were the pre-confederation Gradual Civilization Act (1857) and the Gradual Enfranchisement Act (1869). These assumed the inherent superiority of British ways, and the need for Indians to become English-speakers, Christians, and farmers. At the time, Aboriginal leaders wanted these acts overturned.
The attempt to force assimilation involved punishing children for speaking their own languages or practicing their own faiths, leading to allegations in the 20th century of cultural genocide and ethnocide. There was an elevated rate of physical and sexual abuse. Overcrowding, poor sanitation, and a lack of medical care led to high rates of tuberculosis, and death rates of up to 69 percent. Details of the mistreatment of students had been published numerous times throughout the 20th century, but following the closure of the schools in the 1960s, the work of indigenous activists and historians led to a change in the public perception of the residential school system, as well as official government apologies, and a (controversial) legal settlement

RESPECT

As far as I know this is the first time students have ever been asked how much they felt respected by their teacher on a scale of 0-10. The results are limited but extremely encouraging for those who believe it is possible to teach children without resorting to threats and punishment. I would like to see someone design a formal research study modeled after this example, and I would be happy to cooperate in the project.

The teacher starts his description of the process by saying:

"...I did the attendance, they listened to the announcements and then I took them to sports class, so I thought I'd do the respect thing when they came back from sports. So when they came back and had all gone to the bathroom and everything I gave them just a little work to do and then I said "I am going to chit-chat with you for a little while. We are going to talk about somethingI feel is really important. We are going to talk about respect. Then I started by asking "Can you tell me what it means to feel respected?... A few people spoke up. Instead of really defining it, they used examples. I think someone said something like not talking when someone else is talking...

So then I wanted to explain the difference between feeling respected and showing respect. So I asked them what it meant to show respect to someone else, and that is when it started getting easier for them and they started giving me more examples...

Then they didn't really quite understand what I said next. I asked whether respect was earned or whether it was demanded and forced. I could see they were having some trouble with that so I gave them the example that you gave me a long time ago about a man coming in the room and stealing a girl's purse. I said "would you respect that?," and they all said, "Noo!"

I said some teachers might tell you that it is a sign of respect to stand up when a stranger comes in the room, but you really don't know if he intends to steal someone's purse so he hasn't earned respect. I said the teacher might make you stand up, but that doesn't really mean that you respect the person.

I think then they started to get it. I tried to explain that respect is something you give someone voluntarily, but I don't think they understood the word "voluntarily" -- it seemed fuzzy. But I think the example helped clear up the difference.

And then I talked about the difference between doing something I ask because they respect me versus because I threaten them so they are afraid of me. They all seemed to get that pretty easily and laughed about it when I said, "What if I told you to stop talking or I would break your arm? Would you stop talking because you respected me?" Then I explained to them what mutual respect was and they seemed to understand that."

After that he told the kids that later he would ask them how much they felt respected by him, and he would tell them how much he felt respected by them. They said "okay."

So around 10 in the morning he stopped class to do the respect survey. He told them to hold up their fingers to show how much they felt respected by her. He said 10 fingers means the highest respect and two closed fists would equal zero.

To his surprise all the children held up all ten fingers. When he asked why, they gave him specific reasons such as "You don't write our name on the blackboard like the other teachers do when we are talking." "You come and help us when we have questions." "You don't yell at us or say you will send us to the principal." "You helped so-and-so when he couldn't understand something."

Then he asked if they wanted to know how muchshe felt respected by them. They said "yes." He said about a six. They looked very disappointed and they asked why it was so low. He told them that sometimes people were talking when he was talking or when others were asking questions, etc. He said "Do you think you can raise your scores?" They gave him an enthusiastic "Yes!"

Then he asked "Now how much do you feel respected by your classmates?" He got a wide variety of scores and asked the kids to explain their scores. They said things like "Well, so-and-so was pulling on my hair even when I asked him to stop it."

After lunch, he took another survey. He still received all tens. The students still had a wide range of scores for each other, but generally the scores were higher. When he told them he now felt respected by them an 8, they looked proud of themselves, but still were not satisfied. He asked if they thought the could raise it even higher, again he got a very enthusiastic "YES!"

He said from that moment on till the end of the day he had one of the quietest, most well-behaved classes he has ever taught. He said the children were self-monitoring each other. If someone talked too loudly, the others would motion to them to be quiet. He never did another survey because there was no need to. The children could sense how well they were doing, and it was clear they had risen to the occasion.


Art

Life things I was never taught in UK school.

They didn't teach me to be forgiving.

They didn't teach me that I could learn more from children and teenagers than I could from adults.

They didn't teach me to take children and teenagers' feelings seriously.

They didn't teach me the importance of traveling.

They didn't teach me to walk away from people who were hurting me, invalidating me, mocking me, judging me, disapproving of me.

They didn't teach me to walk away from people who were trying to control me, who were pressuring me or manipulating me.

They didn't teach me to be aware when someone was trying to do any of these things.

They never even mentioned any of these things.

Then didn't teach me the difference between deserved and undeserved guilt.

They didn't teach me about emotionally abusive parents Church, or teachers.

They didn't teach me what invalidation is.

They didn't teach me about drugs.

They didn't teach me how to live or live simply.

They didn't teach me what was really important in life and what was unnecessary.

They didn't teach me anything about the writing of any author.

They didn't teach me much, if anything, about world history.

They didn't teach me anything about Buddhism, Hinduism or any of the worlds non-Christian belief systems.

They didn't teach me anything about the writings of old

They didn't teach me anything about personal growth and self-help literature.

They didn't teach me to know myself.

They didn't teach me to identify my emotional needs.

They didn't teach me to believe in myself.

They didn't teach me to understand how my family was hurting me and using me to try to fill their unmet emotional needs.

They didn't teach me the names of my feelings.

They didn't teach me how to express my feelings with feeling words.

They didn't teach me anything about emotional literacy.

They didn't teach me that we are each primarily responsible for our own feelings and we have more control over them than most people realize.

They didn't teach me that it is healthy for me to write.

They didn't teach me anything about depression or why a teenager would want to kill themselves or cut themselves.

They didn't teach me how to listen.

They didn't teach me how to show understanding.

They didn't teach me anything about compassion.

They didn't teach me how to silently hug a crying child.

They didn't teach me that there is already too much competition in the world.

They didn't teach me to see the many ways people distract themselves and numb themselves from their feelings.

They didn't teach me the difference between fear and respect or respect and obedience.

They didn't teach me that making "good" grades doesn´t make someone a good person.

They didn't teach me to think about the difference between a good "Christian", (or a good "Muslim", "Jew" etc) and a good human being.

They didn't teach me that patriotism is not good for the world.

They didn't teach me that the word "good" is a very subjective word.

They didn't teach me about the messages in songs like John Lennon's "Imagine"

They didn't teach me anything at all about children of alcoholics.

They didn't teach me anything about emotional, verbal or psychological abuse.

They didn't teach me that people will try to use you in all kinds of ways, and that if you obey these people long enough, there will be nothing left of you.

They didn't teach me anything at all about love.

They didn't teach me that it feels good to help people.

They didn't teach me to follow my heart.

They taught me high grades were good

I FAILED

Art

Basic Needs in Relationships

After collecting a lifetime of baggage in all its forms we may at times no longer have a clear idea of what a healthy relationship is like. Often we allow people into our lives who treat us as we expect to be treated.

No one intends to be in an abusive relationship, but individuals who were verbally abused by a parent or other significant person often find themselves in similar situations as an adult. If a parent tended to define your experiences and emotions, and judge your behaviors, you may not have learned how to set your own standards, develop your own viewpoints and validate your own feeling and perceptions.

Consequently, the controlling and defining stance taken by an emotional abuser may feel familiar or even conformable to you, although it is destructive you feel you can contol it. It may be that you deliberatly set out to search for and make happen. A comfort ZONE.

If we feel contempt for ourselves or think very little of ourselves, we may pick partners or significant others who reflect this image back to us.

If we are willing to tolerate negative treatment from others, or treat others in negative ways, it is very possible that we also treat ourselves similarly.

If you are an abuser or a recipient, you may want to consider how you treat yourself. What sorts of things do you say and do to yourself?

Do thoughts such as "I'm stupid" or "I never do anything right" dominate your thinking? Learning to love and care for ourselves increases self-esteem and makes it more likely that we will have healthy, intimate relationships. The word need can be replaced with 'right'

BASIC NEEDS

* The need for good will from the others.
* The need for emotional support.
* The need to be responded to with respect and acceptance
* The need to have your own view, even if others have a different view.
* The need to have your feelings and experience acknowledged as real.
* The need to receive a sincere apology for anything said offensively.
* The need for clear, honest answers to questions about what affects you.
* The need to for freedom from accusation, interrogation and blame.
* The need to live free from criticism and judgment.
* The need to have your work and your interests respected.
* The need for encouragement.
* The need for freedom from emotional and physical threat.
* The need for freedom from from angry outburst and rage.
* The need for freedom from labels which devalue you.
* The need to be respectfully asked rather than ordered.
* The need to have your final decisions accepted.
* The need for privacy at times.

Other Characteristics of abused people are:

* Feelings of low self- esteem (This is a result of being criticized too often as children and teenagers.)

* We perpetuate these parental messages by judging ourselves and others harshly. We try to cover up our poor opinions of ourselves by being perfectionistic, controlling, contemptuous and gossipy.

* We tend to isolate ourselves out of fear and we feel often uneasy around other people, especially authority figures.

* We are desperate for love and approval and will do anything to make people like us. Not wanting to hurt others, we remain "loyal" in situations and relationships even when evidence indicates our loyalty is undeserved.

* We are afraid of losing others.

* We are afraid of being abandoned.

* It is difficult for us to "let go."

* We are intimidated by angry people and personal criticism. This adds to our feelings of inadequacy and insecurity.

* We continue to attract emotionally unavailable people with addictive personalities.

* We live life as victims, blaming others for our circumstances, and are attracted to other victims (and people with power) as friends and lovers. We confuse love with pity and tend to "love" people we can pity and rescue. And we confuse love with need.

* We are either super-responsible or super-irresponsible. We take responsibility for solving others' problems or expect others to be responsible for solving ours. This enables us to avoid being responsible for our own lives and choices.

* We feel guilty when we stand up for ourselves or act in our own best interests. We give in to others' needs and opinions instead of taking care of ourselves.

* We deny, minimize or repress our feelings as a result of our traumatic childhoods. We are unaware of the impact that our inability to identify and express our feelings has had on our adult lives.

* We are dependent personalities who are so terrified of rejection or abandonment that we tend to stay in situations or relationships that are harmful to us. Our fears and dependency stop us form ending unfulfilling relationships and prevent us from entering into fulfilling ones. Because we feel so unlovable it is difficult or impossible to believe anyone can really love us, and won't eventually leave us once they see how "bad" we are.

* Denial, isolation, control, shame, and undeserved guilt are legacies from our family. As a result of these symptoms, we feel hopeless and helpless.

* We have difficulty with intimacy, security, trust, and commitment in our relationships. Lacking clearly defined personal limits and boundaries, we become enmeshed in our partner's needs and emotions. We often become codependent.

* We tend to procrastinate and have difficulty following project through from beginning to end.

* We have a strong need to be in control. We overreact to change things over which we have no control.



Art Elliott 2010

RESPECT:
When we are respected I believe we gain the voluntary cooperation of people. We don't have to use as much of our energy and resources trying to get our needs met. When people respect one another there are fewer conflicts. In summary, it is for both evolutionary and practical reasons that respect is important, and also why we simply feel better when we are respected. However I also believe we teach others how to treat us.

Where Respect Comes From

As I see it, and hence this blog is a very subjective and personal view, that respect is something that is earned. One earns another's respect by voluntarily doing things I mention throughout this blog, such as taking that person's feelings, needs and thoughts into consideration.

Respect seems to be like a boomerang in the sense that you must send it out before it will come back to you. Respect cannot be demanded or forced, though sometimes people mistakenly believe that it can, as I discuss below.

An Aside:

Just like a newborn baby has no concept of respect, and feels only its own needs when it is first born, I believe that the only successful way to teach a person what respect is, is to earn the respect of that person as they slowly grow into a thinking human being. In a happy nurturing household environment this is often a natural development. However in the situation of an adult who has never had these basic needs met then real latent issues with self and person respect may be just waitng to be shared?

The natural way outlined above is first of all by attending to the child's natural needs, such as to be fed and nurtured. As the child grows, their needs change. He or she has increasingly sophisticated psychological needs. He or she begins to express his own views, their own preferences, and he or she has an increasing need for freedom, autonomy and independence. This is when the adults in growing childs life can and should treat them with increasingly earned respect and thereby earn their respect in return.

It might not make sense to some to think of respecting a baby in the same way that we say we respect an adult. Yet on some level the two concepts are similar. This similarity has to do with our voluntarily helping that person with their needs. In either case, we must first accept the needs. For example, if a baby needs to be fed at three in the morning we don't do it begrudgingly if we respect his natural needs; we simply accept that the infant has a natural need to eat at that particular moment. Likewise, if a person needs to talk, we should accept this need and show respect by listening voluntarily.

Below are more specific ways to show and earn respect, particularly to an older child, adolescent or adult.

Showing and Earning Respect

Respecting someone means respecting their feelings and their survival needs. To make this work we have to make sure that the person is aware of and have some understanding of mutual respect issues.

Here are ways to show respect for someone's feelings:

* asking them how they feel
* validating their feelings
* empathizing with them
* seeking understanding of their feelings
* taking their feelings into consideration

To make this process work several things are required.

For examples:

1. Each person must be aware of their own feelings; i.e. know how they feel.
2. They must be able to express and understand their feelings.
3. They must know how to listen non-judgmentally & non-defensively.
4. They must know how to validate feelings.
5. They must believe that feelings have value including both negative or positive.
6. They must believe that feelings matter.

If respecting someone means respecting their feelings and their survival needs, then if a person does not respect your feelings, they don't respect you. If those persons during your development, in positions of power and authority, do not respect your needs and feelings, they will not earn your respect. This can be said to be a 'learned experience'

Here are I believe some specific ways to show respect:

* Asking others "How would you feel if..." before making a decision which affects them. Beware the actor.

* Voluntarily making changes and compromises to accommodate their feelings, desires and needs. Beware showing love weaknesses

* Not interrupting them even if they are 'digging themsleves deeper' let them do it. Be sure to understand why they might do this.

* Soliciting and allowing feedback. Trying to understand their beliefs, values and needs. Beware 'giving in' for the sake of peace reasons.

* Giving them the opportunity to solve their own problems without underestimating them, in particular:

Avoid telling them what to do. perhaps 'ask' if you can help.

Avoid telling them what they 'need' to or 'should do,suggestions may be better

Avoid giving them unsolicited advice, sermons and lectures

Remember in my view, that the most effective way of finding out how well your efforts are working is to simply ask, "On a scale of 0-10, how much do you feel respected by me?" If you have created a safe environment, you are likely to get an honest answer.

Then if it is lower than 10, you can ask, "What would help you feel more respected?" Then you have the specific information you need to improve your 'rating.' I have found that most people are more than willing to express themselves when asked such a question. And the answers are typically articulate, and often surprising.

Measuring Respect

A simple way to measure respect is to use the 0-10 scale suggested above. You can ask others, "On a scale of 0-10, how much do you feel respected by ____?" Such a clear, direct question has provided me with invaluable information since I started asking it several years ago. Here are some more questions to ponder:

* What would happen if customers, clients, and constituents were asked how much they felt respected by employees of businesses and government agencies?

* What if children and adolescents were asked how much they felt respected by their parents and teachers? What if someone took action based on the responses?

I believe respect is too important to go unmeasured in society. We track many other numbers, but so far, we don't track respect. I believe doing so would be a step in the right direction.

Art 2004

Tips for Handling Your Child's Special Education Needs

In the broadest sense is any act or experience that has a formative effect on the mind, character or physical ability of an individual might be said to be educational. In its technical sense education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another.

It’s not easy raising a child, and when he or she is affected by a severe disorder or disease, you have a greater challenge ahead of you. You have to put in extra effort, energy and thought into your child’s development and progress, one aspect of which includes their education. Some parents of children with special needs may be tempted to overprotect by keeping them in cloistered environments and limiting their interaction with the outside world. This in my experience usually only hampers the child instead of helping them. If you’re a parent with a child who has special needs, here’s some strategies:

* Understand your child: Some children may be able to express themselves while others are limited because of their disability. Whatever the case, understand your child and know that they have a mind of their own even if they are unable to speak it. Instead of forcing your will on them, get to know what they wish to do and cater to their needs as much as possible as long as it does not cause them any harm.

* Be patient: It’s a tough task, but you need to have an enormous amount of patience with your child. You need to condition yourself to be patient through practice and experience, otherwise you and your child will be subject to a great deal of stress.

* Decide on their education: There are many options for providing education to your special needs child, so look for what is available in your area. If you plan to homeschool, you will need to do some research before you’re up to the task. Many feel that it’s better to let the professionals handle this task who are trained and more experienced. Also, your child gets to mingle with other children and interact with them on a regular basis, which is very important to his or her social development.

*Think about inclusive classrooms: Parents often want their special needs children to attend regular schools. Learn about inclusive classrooms and determine if it is a good fit for your child. Consider if your child is up to the task of being educated with general education children and if he/she can cope with the curriculum in such classrooms. Although teachers in inclusive classrooms are trained to deal with children with special needs, there may be times when your child could be bullied or teased by the other kids for not being like them. Take all these facts into consideration before you decide on an inclusive classroom for your child.


Children with special needs need all the help and support they can get from parents teachers and society, and it’s up to you to decide on the best form of education for them.

FACT:

Identity theft is one of the fastest growing crimes in North America. A recent study by Javelin Research found that in 2009 ID theft affected 11.2 million consumers costing about $54 Billion! This is a staggering increase from 2008 where 9.9 million people were affected with a cost of about $48 billion. If you have ever had your ID stolen or know someone who has been through it, then you’ll know that it is one of the most stressful events you can go through. In order to prevent or reduce the chances of ID fraud, it is important to know how ID thieves steal your information and how you can protect it. Unfortunately, there really is no way to be 100% protected against this rapidly growing crime, however you can reduce your risk by understanding how your information can be obtained by ID thieves.

ID Theft – Trash is Gold

Your garbage can is the thieves’ goldmine. Think about all the things you throw away, receipts, bank statements, tax information, bills etc. All these contain important personal information that can be used by others. All it takes is just one letter with your name and another important personal information.

Remedy: Shred sensitive material before you dispose of them.

You’ve Got Mail

Your mail is another goldmine for ID thieves. Stolen mail is one of the most popular methods of stealing identities; your mail contains all the personal information someone would need. All the marketing material you receive from companies and banks contains vital personal information.

Remedy: Most companies give you the option of receiving your mail online; view your banking and credit card statements online. You might also want to consider having a postbox as they are often monitored and protected by the postal service. Put your mail on hold if you will be absent for a while. Do not just throw away marketing material, open and shred them first.

Skim Me

Another very popular strategy employed by ID thieves is “card skimming.” Skimming is when you cards information is stolen by swiping your card through a magnetic card reader, which stores/downloads your card information. The thieves can then use this info to make purchases online or even load it on another card and use it in stores.

Remedy: Be carful when handing your card over to someone else to swipe, if you notice anything suspicious contact the authorities and your institution immediately. For example, if they swipe your card more than once or drop the card and pick it up you could potentially become a victim of ID fraud. Also, when using the PIN pad cover your PIN with your hand, even if you are using an ATM and nobody is around you. Always cover your PIN because a hidden camera could have been placed to obtain your PIN.


What’s in Your Wallet?

One of the best ways to steal ID is by stealing a wallet. Think about all the things you have in your wallet like your license, health card, bankcards, credit cards, even pictures and Social Insurance Card? Imagine all the good things that one can do with all this info.

Remedy: Try to minimize what you carry in your wallet, don’t keep 3 different credit cards and two debit cards on you at all times. Never keep your PIN in your wallet.

What should be in our wallet?
1. Driver’s license or other form of government issued ID
2. Car registration and insurance if required by law (I often keep these in my dashboard)
3. One or two credit/debit cards
4. Any other personal identification document you need on daily basis.

You should NOT keep the following in your wallet:
· Social Security/Insurance card
· Passport
· Checks
· Excess credit and debit cards
· Health insurance cards
· Passwords or personal identification numbers (PINs)
· Any other personal identification document you don’t need on daily basis.

These are just four ways your ID can be stolen. Of course there are numerous other methods such as hacking into government and/or corporation database, stealing info through employer, Phishing attempts and many others. Although you cannot stop this trend nor can you be 100% safe against ID theft, you can try to prevent it and minimize the chances that your ID will be stolen.

Has your ID ever been stolen or do you know anyone whose ID has been stolen? What other forms of ID theft do you know of? What do you do to prevent your ID from being stolen?

Insurance:

5 warning signs you may have improper insurance

Insurance is the transfer of risk from one party to another. In consideration of monetary payment by the insured, the insurer promises to pay compensation based on some future risk/loss, such as disability or death, to a designated party. In and of itself, the concept of insurance is great. Who does not want a risk management tool that shifts your risk to someone else?

However, the devil is in the details and there are two larger and worrying trends in the insurance industry. The first is that insurance companies don’t want to be boring old insurers anymore but asset managers. The second is a general consolidation of the industry. In Canada, three insurers- Manulife, Great-West Life and Sun Life- now control approximately 65% of the market. In the United States, companies dominant insurance niches. While the public opposes big banks, the insurers quietly reached a scale the banks would die for.
The result is that most insurance companies need to pay out as little as possible to maintain or grow their assets under management (in fact, many insurers sell policies as loss leaders while making money on asset management) and a consolidated industry means pricing power. Neither is particularly good for the consumer.
On a more specific level, what are 5 warning signs that you may have an improper insurance policy?

1. No medical required before obtaining an insurance policy
Four Pillars and I have written before about post-claim underwriting. While illegal in many jurisdictions, there are many ways to re-characterize a policy to be potentially within the scope of the legislation (and require expensive litigation to resolve).
A “no medical required” insurance underwriting process may not indicate per se that you are subject to post-claim underwriting but it could be a warning sign you could be sold a policy subject to post-claim underwriting. It may make the process of obtaining insurance easier but the potential future-risk is greater.

2. The purpose of insurance is not being used for risk management
As reported by Riscario Insider, the 10/8 program, which involves using insurance policies as collateral towards a loan to the policy-holder to be used for business or investing purpose (thus making the interest tax deductible), is being reviewed by CRA.
Depending on the specifics, some insurance policies were designed more as tax shelters than insurance. In such cases, the insured could run audit risk for what is supposed to be a risk management tool.
While no one knows what will happen to the 10/8 program (and you know there is too much money at stake not to have the insurance company fight this out), the larger point to consider is why you are entering into an insurance contract. If you are being sold something who’s primary purpose is not risk management then think twice since you have opened yourself to other risk factors.

3. Watch the exclusions
Insurance policies are drafted to set out what it does not cover rather than what it does. Just because it is called critical illness insurance, does not mean all type of critical illness are covered and if you have a family history of certain critical illness, the insurer could deny you on the grounds you failed to disclose a pre-existing condition.
The point is to ask your insurance broker what the policy does NOT cover as well as covers so you understand the limitations of your policy. If you may possibly fall under an exclusion, then the policy is not right for you.

4. Unnecessary insurance
Life insurance for minor children. Mortgage insurance. Credit balance insurance. Flood insurance etc. There are a lot of insurance products that are ideal for a small subset of the population but sold to everyone.

The fundamental question to be asked is always:
(i) am I actually at risk (chances of a minor child dying are slim; and

(ii) does the risk of occurrence actually require transfer of such risk (a minor child has no dependents so who really needs the money on death?)?

5. Too much insurance
This one is always tricky but insurance brokers tend to start high on their coverage (for their commission). The question to be asked is always: how much money do I really need in case something happens to me? This requires some cash flow projections based on your own life-style rather than what the insurance company tells you.

How do you attempt to avoid being caught in pre-existing condition trap? Some pre-existing condition denials occur simply because the policy-holder has not seen the doctor for a while and the insurance company is reviewing older documentation. The gap between the last medical visit and the commencement date of the policy could have incumbated a lot of medical conditions not disclosed. For policy holders who are more high risk, insurance companies do require a physical now as part of its due diligence.

But for what appears on paper to be less risky policy-holders, the insurance company may forgo this altogether (this was the case during good times but this may have changed) and by doing this really placed the risk onto you that you have a clean bill of health since your last visit. The moral of the story being get a physical as part of the process of obtaining insurance (if you are not required to already).

The second practical step is be honest and forthcoming and do it in writing. If an insurance company has on file a medical disclosure which may or may not be part of your medical records, it is more difficult to deny coverage.

Veneer: a thin covering over another surface.

A study, commissioned by UNICEF Canada heralding a report by the Senate of Canada adopted in June, 2007 found that Canada in 18 years has done very little at the national level to implement the Convention on the Rights of the Child. UNICEF We still have no legal framework to ensure the rights of children, no sustainable national plan of action with clear and measurable targets, and no focal point for children at the federal level
Please read this report

www.unicef.ca/portal/Secure/Community/502/WCM/HELP/take_action/Advocacy/CRCat18/CRC18%20EN%20final.pdf

7,814,600 reasons to try harder Canada (as at June 2007)
……………and really support children’s rights in Canada, these are broken down at systemic and programmatic levels. Systemic recommendations refer to legislative and administrative changes and mechanisms for laws, policies and budgeting. In essence, these are ways to guarantee children minimum services and protections rather than leave their well-being to changing public or political goodwill.

Programmatic recommendations refer to the introduction of appropriate interventions for addressing gaps in realizing children’s rights. Implementing them will improve the lives of Canada’s 7,814,600 children as at 2007

Poverty
• Poor children in Canada are unrelentingly poor: the rate of one in six Canadian children living in poverty has persisted for almost a generation. Are you ashamed Canada?

• Child poverty in Canada is worse today than in 1989,1 by some estimates, rising by 20 per cent.

This is a disgrace Minister Jim Flaherty

• Child poverty varies by province and is higher among more vulnerable social groups such as children of single mothers and Aboriginal families

Health
• Canadian children have a relatively high standard of health and access to health care

• Life expectancy has increased, and the infant mortality rate has declined by 22 per cent; but Canada’s infant mortality has stalled at five deaths per thousand births for close to five years while the rate continues to fall elsewhere. Why?

• The infant mortality rate for First Nations children is almost double the rate of the non-
Aboriginal Canadian population

Are you ashamed Canada?

• Injury remains the leading cause of child death

• Rates of immunization have increased but in some provinces are well below the national
target Why?

• Almost 26 per cent of Canadian children are obese (close to the highest rate of obesity among industrialized countries), a rate that has seen a sharp increase over the past two decades; asthma and diabetes rates have also increased Why?

• Only one in five mentally ill children receives treatment as the incidence of mental illnesses among young people has risen Why?

Are you reading this Minister: Tony Clement

Education and employment for the attention of Education Minister Shirley Bond

• Canadian children have relatively high levels of educational achievement, but the transition to employment leaves too many children without the skills to participate; as many as 39.3 per cent of young people plan to take up low-skilled work

My Comment:
Maybe Canada does not want truly educated children and or people who know their ‘rights’ Maybe they just want then to work anywhere, keep fit, pay taxes and not to get sick and of course apathetically ‘keep quiet’ .. the ideal Canadian and very easy to Govern eh?

• There has been a notable increase in the number of girls attaining post-secondary education and in employment opportunities available for young people in general and females in particular; however, there is increasing evidence that the experience of schooling remains uneven for males and females as well as for visible minority children

•While 96 per cent of children with disabilities attend school, there are more limited opportunities for disabled children to participate successfully in education, employment and community life

Violence and abuse
• Child abuse and neglect is the greatest source of violence and harm to children, though measuring trends and impact have been complicated by changing definitions and reporting protocol

• Stronger child protection legislation is a factor that has contributed to a significant increase in the number of children in care—an increase of 60 per cent over the past five years alone; Canada has one of the highest rates of children in welfare care of all industrialized countries.

This is a disgrace Canada what sort of parent will these children make?

• The rate of First Nations children under care is three times that of children from the general population.

Are you ashamed Canada?

• Peer violence and bullying are quite prevalent among young people with 37.2 per cent of young people aged 11, 13, and 15 being bullied and 35.8 per cent of youth involved in a
physical fight.

• Canada has among the highest rates of youth detention among comparable industrialized states, and the age limit for serving adult sentences is as young as 14.

Are you ashamed Canada? Canada is this really the only WAY?

• There is an over-representation of First Nations and ethnic minority children in the justice system. What a ’surprise’ given the history of this country?

Canada’s uneven protection of children’s rights
Since the 1991 ratification of the Convention in Canada, has our conceptualization of children and childhood evolved so that Canadian laws, policies and services place the best interests of children first, and respect children as subjects with rights of their own who participate in our society?

Canada’s consideration of the best interests of the child, and institutionalization of the rights of children to have a say about medical, judicial and other issues affecting them according to their evolving capacities, are uneven in both federal and provincial legislation

Children’s evolving capacity for decision making is very rarely recognized and it remains a rarity for children and young people to be consulted on issues affecting them.

Can anyone tell me if any progress has been made on any points or even actioned or is being done, or is it the old favourite “going to be done’

Systemic Recommendations
• Create an independent national Children’s Commissioner appointed by and reporting to Parliament * Comment: The appointee must have powers excluding apathy

• Create enabling legislation to make the Convention enforceable in the courts; use the Convention as a guideline for any federal and provincial legislation and policies concerning or impacting children, with particular consideration of the principles of best interests of the child, evolving capacity of the child, and child participation

• Create a national plan of action for children with clear targets and timetables and an annual report card, sustained by all parties that addresses a spectrum of concerns including violence, health (including mental health) and poverty

• Coordinate children’s rights and well-being in policies and services on a national level so there are no regional or demographic disparities

• Include children up to the age of 18 in child protection legislation and review
other legislation including labour, justice and medical to address age discrepancies .
Are you reading Nova Scotia

Programmatic Recommendations
• Implement educational programs to ensure that children (as well as adults) are aware of their rights

• Provide programs and services so that children with disabilities, children living in poverty and immigrant children are able to fully participate in society

• Prioritize the needs of First Nations children with respect for their cultural heritage

• Implement the 45 recommendations of the UN Committee on the Rights of the Child and the 24 recommendations of the Senate in Children: The Silenced Citizens to bring Canada into compliance with its obligations under the Convention

* How about changing the habits of a lifetime with the appointment of a ‘non sterile non impotent’ Ombudsman with ’clout’?

Consider: The incidence of ‘cowardly parenting’ where parents just give in to children’s pester power may be the root cause of many ‘childrens problems’
Art Elliott updated FEB 2010

Overview
High levels of government’s debt is universally regarded as a bad thing for various reasons including the potential loss of sovereignty if the debt is held by other governments and the crowding out effect on private enterprise. But what is its direct impact on the average household?

UPDATE
For the Official view on Canadian Family debt
( see this report Feb 16th 2010 )

http://ca.news.finance.yahoo.com/s/16022010/2/biz-finance-average-canadian-family-debt-reaches-96-100-2009.html

The direct effect is obvious. Large government debts are financed by one of two ways: increased taxes used to service or pay down debt or reduced services so that current government revenue can be redirected towards the same goal. There are also certain indirect effects.

In a Federal Reserve study of 2003, Thomas Laubach found that every 1% increase in projected debt to GDP ratio is estimated to raise long term interest rates by 25 basis points (1 basis point = 1/100 of 1% or 100 basis points equals 1%); a 2009 update of this study was issued but it is not free to access at this point.

The Congressional Budget Office, a non-partisan arm of the U.S. government, states that the debt to GDP was 53% in 2009 and is estimated to increase to 67% by the end of 2010 . With a borrower in that much debt, there will be pressure to raise interest rates to make investing in U.S. debt more attractive; politics can only with-stand reality for so long. The eventual raising of interest rates will force other governments which compete with the U.S. on the debt market (see Canada) to also raise rates.

The implications are quite clear. Interest rates will have to go up which means several realities going forward:

* The whole “should I lock in my variable rate mortgage” debate may be convincingly answered in the affirmative if rates begin to escalate significantly.
* The mini housing boom in Canada may soon end since it relied in large part on cheap credit which begs the question whether households can afford the increased carrying costs of a mortgage (assuming it is a variable rate mortgage) and shallow the reality that newly purchased home may fall in price.
* High interest rates tends to slow down recoveries (see below).

Here’s an interesting thought. If yields on government debt begin to rise and the investors’ appetite for risk remains cautious going forward, will dividend yielding stocks have to increase dividends in order to attract investors (a situation not without precedent)?

PIMCO, the well-respected investment management firm (and my favorite source of investing information without frills or hysteria), has already predicted that it will take 5 years to see a recovery that produces jobs given the effects of heavy governmental debt and increasing interest rates. Again, this is not without precedent. The 2010’s may indeed look a lot like the 1990’s in Canada: a brutal recession followed by staggeringly large government debt and associated high interest rates leading to a jobless economic recovery. In fact, as I posted before, it took approximately 10 years for Canada’s unemployment rate to fall back to pre 1991 recession levels.

There has been a lot of ink split lately about how most retail investors missed the rally of 2009 and whether there’s any legs left for further growth. Although important, the stock market rally of 2009 shifted the focus away from households deleveraging themselves (not to mention advertisers do not want to advertise in publications advising readers to spend less as part of deleveraging ).

When interest rates increase (and the question is now focused only on when and not if), there may be a refocus on this issue. Regardless of the economic environment, it is important to ensure all households control their expenses (even if the same can’t be said for our governments).