Are insurance rates soaring across BC?

Written by Harold McNeill on January 29th, 2018. Posted in Tim Hortons Morning Posts, Editorials


Car Crash

Scenes like this are all too common in BC and take a tragic toll in lives lost and families destroyed. The cost is high and we all pay but are Insurance Rates out of control in B.C.? Check out this article, as you may be surprised to see where British Columbia sits in relation to other Provinces.

This article is brought forward following an article in the Saanich News stating ICBC rates for some classes of vehicles are grossly inflated as compared to Alberta. Also included are recent updates.

Updated:  February 10, 2020

Further to the update below (February 1, 2020), I note that since the government announced a “No-Fault” insurance plan for BC, Robert Mulligan is taking a slightly different tack, suggesting that no-fault will only increase the problems by taking away the right of an injured party to sue.

I’ve copied just one sentence from Mulligan’s longer discussion, “And I think people don’t like the idea that somebody who’s, for example, was drunk and ran into you and you become a quadriplegic is going to be treated exactly the same way you would in terms of getting benefits (go to minute 00:15:26 to see his full comment)

Statements like this appear to be simple fear-mongering. As was the case in the past, people who commit criminal offences, as well as other forms of negligence while driving, may well lose their insurance coverage and in all likelihood would be sued by ICBC to recover costs of the claim.   (Link here to Mulligan’s full conversation on CFAX radio)

Updated:  February 7, 2020

It is reported ICBC is heading for a 20% rate reduction and largely cutting out lawyers in a change to No-Fault insurance.  This will be the largest change to ICBC in several years and will hopefully place the Crown Corporation back on an even keel.

It will be interesting to see how trial-lawyers who earn a large part of their income from ICBC, and the Conservative (aka Liberals) opposition in the Legislature, respond to these changes.

That being said, a February 1, 2020 article by Robert Mulligan, an experienced trial-lawyer, suggested implementing several of the changes currently being proposed by the government.

This will be explored more fully over the next few days.

Read more at CBC Major Overhall of ICBC

Also, a Times Colonist report:   Major overhaul at ICBC would limit the ability to sue, cut rates by 20%

Update: February 1, 2020

For an interesting update of the challenges facing ICBC, read a CFAX interview with Robert A. Mulligan titled, “Extinguishing the ICBC Dumpster Fire“.   You should disregard the title of the article as it was prepared by a media outlet and does not reflect the considered opinion of a respected, practicing lawyer here in Victoria.

Update: August 20, 2019.

A further article debunks the statement that ICBC rates are soaring and that they are among the highest in Canada:  BC News Outlets Exaggerated the Costs of ICBC Insurance

Update: August 13, 2019.

A Global News broadcast this afternoon quoted heavily from an article prepared by the Insurance Bureau of Canada, an Ontario based private enterprise organization that promotes private insurance, which states BC has the highest auto insurance rates in Canada and that rates could be lowered through ‘competition’.  There was also an article in the Saanich News which similarily quoted the IBC information and also indicated ICBC is facing a huge deficit. The article made no mention of the considerable sums of money the government has removed from Crown Corporations such as ICBC and BC Hydro.

I just re-read the article the original article (below) and was again astounded at how high Ontario is compared to the rest of Canada. While that province has a population density far greater than BC, it is also a province in which auto insurance is managed entirely by the private enterprise system.
 
No wonder the Insurance Bureau of Canada, has made such a finding, as one might suspect they are acting on behalf of the private insurers in Ontario, Alberta, and other areas, and might prefer to destroy the public-private system as it tends to expose the excesses of system base solely on private enterprise.
If we had the proper means of checks and balances in our system, the Ontario and Alberta private system might now be under investigation for fraud. I think it unconscionable to first make insurance mandatory and then to then allow private-enterprise to charge exorbitant rates, particularly as they do in Ontario.

I have reached out to friends in the Auto Insurance industry to have them fact check the calculations I quote in order to ensure they have legitimacy.  (Updated August 14, 2019 – hit the continue reading below for the original article and other updates)

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Church and State

Written by Harold McNeill on January 22nd, 2018. Posted in Tim Hortons Morning Posts, Editorials


church-and-stateChurch and State Street: The Canadian Experience

Canada has made considerable progress over the past 150 years (mainly within the past 100 years) in advancing individual rights, particularly those of women, children, visible minorities and in areas involving lifestyle.
Yet, in every community across the country, there exists a safe haven for discriminatory practices not allowed in any other part of our society. In addition, the freedom to practice that discrimination is protected under the Charter of Rights and Freedoms.

It is an unusual situation in which a more accepting set of human values is applied to those considered non-religious than is applied to Christians, Muslims, Jews and other faith-based organizations.

Link Here for a 2014 historical perspective on Church and State

A Continuing Conflict Zone In Canada

As Canada continues along the path of finding a balance between Church and State, we clearly have much rocky terrain yet to negotiate.  There is little doubt an open debate would be useful, but if the current flashback and heated rhetoric over the wording of a government funding application is an example, the time has not yet arrived. It is unlikely any current government, Liberal, Conservative or NDP would dare open the discussion as an election issue.

Hence, it will be left to the occasional bold government action and the courts to draw the line as did Trudeau in 1969 when the Liberals removed abortion from the Criminal Code, then again in 1982 when the same government brought home the Constitution and developed the Canadian Charter of Rights and Freedoms.

Since that time a series of court, parliamentary and legislative decisions, at the provincial and federal level, have helped to push forward individual rights, particularly those affecting women, children, visible minorities and the LGBTQ community. While women have made considerable gains, many barriers still stand in their path as they march towards equality with men. (For an earlier article on the subject link to Women’s Suffrage.)

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R. vs. Stanley: Saskatchewan Court of Queens Bench

Written by Harold McNeill on February 18th, 2018. Posted in Tim Hortons Morning Posts, Editorials


Chief Justice

Martel D. Popsecul, Chief Justice
Presiding over the R. vs. Stanley Trial 

The following Charge to the Jury by Chief Justice of the Court of Queen’s Bench for Saskatchewan, the Honourable Martel D. Popescul, is likely the most reliable document yet published providing insight into the R. vs Stanley trial.

(This post outlines my analysis of why I think the Chief Justice led the Jury directly to a finding of not guilty. It was not a directed verdict in the usual sense, but his words had the same effect.)

And, in those words, all 11,000 of them, the Chief Justice attempts to summarize every aspect of the trial as well as the law governing the charges.  It took the Chief Justice just over one and one-half hours to read his document in court with copies then supplied to the Crown and defence as well as to each juror.

In the copy below, those parts which, in my mind, inexorably led the jury to conclude that Gerald Stanley was not guilty on all counts, are highlighted.  There is little doubt the majority of jurors would have found some parts of the summary so complicated as to render them nearly useless in their deliberations.

Having spent thirty years in law enforcement and a further twenty-five reading and writing about various law enforcement issues, I have some degree of understanding of these complex issues, but even at that, I found some sections of the summary tough slogging.

The jury, on the other hand, deliberated a mere fifteen hours before reaching a ‘not guilty’ verdict on all counts.  Fifteen hours is scant time to consider the various pieces of physical and verbal evidence presented over the two-week trial let alone give full consideration to the details provided in the Judge’s Charge to the Jury.

The jury was made up of random citizens selected from the community and while the process was random, many who have experience with law enforcement (police members active and retired, lawyers and judges, as well as a myriad of others involved with the criminal justice system) would have been removed from the jury pool. This is routinely done to remove any suggestion of bias.  Additionally, “pre-emptive” removals can be used to remove others that either the Crown or Defence think may not be impartial. It was by that process Defence Counsel removed all aboriginals from the jury.

As for the those selected, most are unlikely to have had any experience with jury duty and, before selection, will have been exposed to considerable information about the killing which led to the charge. Given the role played by ‘confirmational bias’ in the lead-up to and during the trial, the Judge’s charge seems the best source for an unbiased view of the case. Or was it?

While the Judge read his comments to the jury before handing them a copy, it is hard to rationalize how, in 15 hours of deliberation, the jury could absorb the complicated issues to a degree that would allow them to render an informed decision.  Because jury deliberations are secret, we shall never know exactly how they reached that verdict in such short order.

If you have the time and inclination to read the Judge’s words to the jury, you may or may not come to the same conclusion I have about a clear path being set out for them to render a ‘not-guilty’ verdict on all counts.

In the following copy, I have separated the ‘Charge to the Jury’ into several parts for easy reference and have highlighted some comments in bold (those I consider important) and in yellow, as ‘very important’.  In addition, I have made a few short comments on some numbered sections.

Before presenting the complete text of his remarks, I will submit the thread comments the Honourable Justice, made that I think pushed the jury towards a finding of ‘not guilty’ on all counts.  The fact the jury deliberations took less than two days suggests the Jury had likely made up their minds very early in the process.

Harold McNeill (Det. Sgt. Retired)

Note: Here is a short discussion along with related links regarding the rights and responsibilities of private citizens to use firearms as a means of Protecting Life and Property

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Intervention, the key to fighting crime

Written by Harold McNeill on June 11th, 2017. Posted in Police Notebook, Editorials


 

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This post is created from an interview with RCMP Assistant Commissioner James Malizia (file photo above) as published in the National Post (front page) June 7, 2017. (Link here).

The following National Post article is only modified by replacing the word terror with the word crime.

Making this simple change leads to an entirely different perspective in the article. To my mind, it suggests everything the Assistant Commissioner had to say about terror serves only the interests of the RCMP and other security agencies and not the interests of the general public.  It’s a means to build the budget to build the agency.

As background, in 2015 (the most recent year readily accessible when this article was written) there were over 380,00o violent criminal acts in which 605 people were murdered, with attempts being made to murder a further 774.  Over 200,000 reported aggravated sexual assaults (this does not include other aggravated assaults), with 22,000 reports of robbery and 3,500 reports of abduction.

When these real-life criminal cases, which present a clear and present danger to Canadians, is cast against the almost negligible possibility of a terrorist act, it makes it seem as if the Assistant Commissioner has no concept of how trivial his suggestions are. Why not early intervention (with youth) when it involves the potential of becoming a criminal?

Statistical Source: Canadian Criminal Crime Statistics 2015

Asst/Commissioner Malizia on Early Intervention being the key:

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World at War: Remembering our History

Written by Harold McNeill on November 9th, 2016. Posted in Editorials


earl and edna davis

Edna and Earl Davis (Lynn McNeill’s mother and father) at their Wedding in August 1943.  Earl met Edna while serving in England and they married shortly after. After spending one night together, Earl shipped out for combat in Italy where he spent the rest of his war years fighting in a number of bitterly won battles. The couple were not reunited until after the war when Earl returned to Canada where Edna was waiting after having emigrated with dozens of other war brides.

The World at War: Remembering our History1

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Creating People Friendly Communities

Written by Harold McNeill on September 21st, 2016. Posted in Editorials


1297433287268_ORIGINAL

Photo (Web Source): In 2013, this small Alberta town was seriously damaged by a massive flood.
The residents did something unusual in their efforts to rebuild their community and spirit.

NOTE: September 30, 2016   The Sidney Section of this post is being re-written as a result of further information being received.

Harold

Contents

  1. General discussion on building people friendly communities.
  2. Have we mended our ways in how we build communities?
  3. Two new mall models from within Greater Victoria.
  4. How one small Alberta town changed the way they do business.
  5.  Are we capable of holding out for a better form of development?
  6. Sidney by the Sea and North Saanich: (This section is being re-written as a result of new information being received from various parties in Sidney and North Saanich)

Appendix

  1. Topical Links
  2. Two Alberta towns with and amazing amount of unrealized potential
  3. Another thing about malls

1. Moving to the realm of possible: Building people friendly communities

Is it possible to develop or redevelop our communities into people friendly places rather than communities defined by cars, traffic flow, parking lots, malls and nondescript suburbs.? While the development of commercial and residential land is essential for the continued financial health of our cities and towns, it is obvious developers lead the way in both design and scale. With few exceptions, we have completely missed the experience of other parts of the world where creating people friendly cities is a priority.

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Illegal Aliens Intercepted in Sarnia

Written by Harold McNeill on August 23rd, 2016. Posted in Tim Hortons Morning Posts, Editorials


port_huron_float_down-1

Photo (Web Source) In what is expected to become a flood over the coming months, 1500 Illegal aliens from the Michigan were intercepted while attempting to cross the St. Clair River into southern Ontario.  Earlier in the day, the above group posed as party goers in an attempt to evade detection as they crossed the river, however a change in the weather turned their escape plans into a near disaster.

The OPP and Sarnia police as well as the Canadian Coast Guard, Canada Border Service Agency and employees from a nearby chemical company Lanxess helped to pull dozens of exhausted men, women and children from the frigid waters. Some were suffering from the early stages of hypothermia and if rescue personnel had not arrived when they did, many might have died from exposure.

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Keep the Peace and be of Good Behaviour

Written by Harold McNeill on August 18th, 2016. Posted in Tim Hortons Morning Posts, Editorials


rcmp-commissioner

 In another somber moment on Parliament Hill, RCMP Commissioner, Bob Paulson. has encouraged the Federal Government to chart a new direction for law enforcement. As with previous recommendations, Civil Liberties and the Charter of Rights is not of any concern.

Introduction

While it is likely just coincidence, it is reported the FBI has again alerted the RCMP Security Service to a potential terrorist in our midst just at a time when the Federal Government is looking at rolling back parts of Bill C-51.  The last time that happened was also when the Government was considering Bill-C7 and at that time opposition was also heavy. Back then (2013), the FBI alerted the RCMP to another potential terrorist attack and the Via Rail guys were taken down a couple of days after the Boston Bombing. Media around the world covered The Fog of War. Together, the timing of these two events was a little too neat in countries that have so few terrorists and terrorist sympathizers.

While  Bill C-51 is extremely intrusive in its present form, it will become even more so if Commissioner Paulson’s recommendations are accepted. In this post, I have replaced the word “terrorism” with that of “criminalization” as a means of demonstrating how far federal agencies, namely the RCMP, CSIS and the CBSA, is willing to go in order to enhance agency interest over public interest.

If you happen to support Bill C-51, a bill that is related solely to ‘terrorism’ and, perhaps, support even more invasive laws being included, what would you think about the entire content of C-57 (present and proposed) being folded into the Criminal Code?  Do you think that would give police to much power to simply bypass the checks and balances developed over the past 150 years? (check this post on Oversight)

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Comments

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  • Harold McNeill

    November 26, 2021 |

    Hi Dorthy, So glad you found those stories and, yes, they hold many fond memories. Thanks to social media and the blog, I’ve been able to get in touch with many friends from back in the day. Cheers, Harold

  • Harold McNeill

    November 26, 2021 |

    Well, well. Pleased to see your name pop up. I’m in regular contact via FB with many ‘kids’ from back in our HS days (Guy, Dawna, Shirley and others). Also, a lot of Cold Lake friends through FB. Cheers, Harold

  • Harold McNeill

    November 26, 2021 |

    Oh, that is many years back and glad you found the story. I don’t have any recall of others in my class other than the Murphy sisters on whose farm my Dad and Mom worked.

  • Harold McNeill

    November 26, 2021 |

    Pleased to hear from you Howie and trust all is going well. As with you, I have a couple of sad stories of times in my police career when I crossed paths with Ross Barrington Elworthy. Just haven’t had the time to write those stories.

  • Howie Siegel

    November 25, 2021 |

    My only fight at Pagliacci’s was a late Sunday night in 1980 (?) He ripped the towel machine off the bathroom wall which brought me running. He came after me, I grabbed a chair and cracked him on the head which split his skull and dropped him. I worried about the police finding him on the floor. I had just arrived from Lasqueti Island and wasn’t convinced the police were my friends. I dragged him out to Broad and Fort and left him on the sidewalk, called the cops. They picked him up and he never saw freedom again (as far as I know). I found out it was Ross Elworthy.

  • Herbert Plain

    November 24, 2021 |

    Just read you article on Pibroch excellent. My Dad was Searle Grain company agent we move there in 1942/3 live in town by the hall for 5 years than moved one mile east to the farm on the corner where the Pibroch road meets Hwy 44. Brother Don still lives there. I went to school with you and Louise.