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	<title>Comments on: The burden of proof</title>
	<atom:link href="http://www2.macleans.ca/2009/11/24/the-burden-of-proof/feed/" rel="self" type="application/rss+xml" />
	<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/</link>
	<description>Canada&#039;s only national weekly current affairs magazine.</description>
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		<title>By: Katherine</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211445</link>
		<dc:creator>Katherine</dc:creator>
		<pubDate>Wed, 25 Nov 2009 06:29:45 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211445</guid>
		<description>Thank you Mr. Wherry.  You are being invaluable in laying out the facts on torture.

The question has to be: if prisoner testimony and physical evidence aren&#039;t sufficient proof that torture was occurring and that it&#039;s at least something we should look into, then what is?  Canadian observers weren&#039;t able to view the interrogations themselves.</description>
		<content:encoded><![CDATA[<p>Thank you Mr. Wherry.  You are being invaluable in laying out the facts on torture.</p>
<p>The question has to be: if prisoner testimony and physical evidence aren&#39;t sufficient proof that torture was occurring and that it&#39;s at least something we should look into, then what is?  Canadian observers weren&#39;t able to view the interrogations themselves.</p>
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		<title>By: Katherine</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211446</link>
		<dc:creator>Katherine</dc:creator>
		<pubDate>Wed, 25 Nov 2009 01:29:45 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211446</guid>
		<description>Thank you Mr. Wherry.  You are being invaluable in laying out the facts on torture.

The question has to be: if prisoner testimony and physical evidence aren&#039;t sufficient proof that torture was occurring and that it&#039;s at least something we should look into, then what is?  Canadian observers weren&#039;t able to view the interrogations themselves.</description>
		<content:encoded><![CDATA[<p>Thank you Mr. Wherry.  You are being invaluable in laying out the facts on torture.</p>
<p>The question has to be: if prisoner testimony and physical evidence aren&#039;t sufficient proof that torture was occurring and that it&#039;s at least something we should look into, then what is?  Canadian observers weren&#039;t able to view the interrogations themselves.</p>
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		<title>By: TwoYen</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211423</link>
		<dc:creator>TwoYen</dc:creator>
		<pubDate>Tue, 24 Nov 2009 21:27:40 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211423</guid>
		<description>One gets the impression that some members of the media will never be satisfied until they finally convict a Canadian official of a war crime.</description>
		<content:encoded><![CDATA[<p>One gets the impression that some members of the media will never be satisfied until they finally convict a Canadian official of a war crime.</p>
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		<title>By: NorthernPoV</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211424</link>
		<dc:creator>NorthernPoV</dc:creator>
		<pubDate>Tue, 24 Nov 2009 21:27:32 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211424</guid>
		<description>Hey, Taliban-lovers: Lacrosse is our national sport.
Get your priorities right.</description>
		<content:encoded><![CDATA[<p>Hey, Taliban-lovers: Lacrosse is our national sport.<br />
Get your priorities right.</p>
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		<title>By: NorthernPoV</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211444</link>
		<dc:creator>NorthernPoV</dc:creator>
		<pubDate>Tue, 24 Nov 2009 18:58:55 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211444</guid>
		<description>The entire premise of the current Harper approach to this issue is that Canadians don&#039;t care what Afghans are doing to other Afghans.
That view is seen frequently on these boards.
Harper continues to do well in the polls.
Perhaps they are correct, we (or 40% of voters) don&#039;t give a damn.  To me, that sucks but if 40% of voters say OK, then we will be stuck in this moral abyss for a while. ... the snow is here, let&#039;s go skiing

(Oops - If we do not care what Afghans do to other Afghans, can anyone please explain WHY we are in Afghanistan?)</description>
		<content:encoded><![CDATA[<p>The entire premise of the current Harper approach to this issue is that Canadians don&#039;t care what Afghans are doing to other Afghans.<br />
That view is seen frequently on these boards.<br />
Harper continues to do well in the polls.<br />
Perhaps they are correct, we (or 40% of voters) don&#039;t give a damn.  To me, that sucks but if 40% of voters say OK, then we will be stuck in this moral abyss for a while. &#8230; the snow is here, let&#039;s go skiing</p>
<p>(Oops &#8211; If we do not care what Afghans do to other Afghans, can anyone please explain WHY we are in Afghanistan?)</p>
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		<title>By: Gaunilon</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211443</link>
		<dc:creator>Gaunilon</dc:creator>
		<pubDate>Tue, 24 Nov 2009 18:16:32 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211443</guid>
		<description>I&#039;m afraid you have me there.</description>
		<content:encoded><![CDATA[<p>I&#039;m afraid you have me there.</p>
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		<title>By: jkl123</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211442</link>
		<dc:creator>jkl123</dc:creator>
		<pubDate>Tue, 24 Nov 2009 18:13:24 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211442</guid>
		<description>John Baird.  Most Question Periods.</description>
		<content:encoded><![CDATA[<p>John Baird.  Most Question Periods.</p>
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		<title>By: Gaunilon</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-2/#comment-211441</link>
		<dc:creator>Gaunilon</dc:creator>
		<pubDate>Tue, 24 Nov 2009 18:00:24 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211441</guid>
		<description>The standard ought to be &quot;reasonable suspicion&quot; or at least &quot;likelihood&quot;, not &quot;proof beyond all reasonable doubt&quot;.

If it seemed likely that the allegations of torture (and by &quot;torture&quot; I mean actual bone-breakage or electrical shock treatment) were true, MacKay should have ordered the transfers stopped.</description>
		<content:encoded><![CDATA[<p>The standard ought to be &quot;reasonable suspicion&quot; or at least &quot;likelihood&quot;, not &quot;proof beyond all reasonable doubt&quot;.</p>
<p>If it seemed likely that the allegations of torture (and by &quot;torture&quot; I mean actual bone-breakage or electrical shock treatment) were true, MacKay should have ordered the transfers stopped.</p>
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		<title>By: Bill Simpson</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211440</link>
		<dc:creator>Bill Simpson</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:46:45 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211440</guid>
		<description>Well, does it change anything if we don&#039;t turn up some hard evidence of actual torture? There is no doubt it happened based on our current knowledge of affairs.

Questions are: do we care that much, given the circumstances? will it change our view of Harper and Mackay if they can be shown to have suspected this all along and turned a blind eye?</description>
		<content:encoded><![CDATA[<p>Well, does it change anything if we don&#039;t turn up some hard evidence of actual torture? There is no doubt it happened based on our current knowledge of affairs.</p>
<p>Questions are: do we care that much, given the circumstances? will it change our view of Harper and Mackay if they can be shown to have suspected this all along and turned a blind eye?</p>
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		<title>By: sourstud</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211439</link>
		<dc:creator>sourstud</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:40:37 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211439</guid>
		<description>In short, yes.  These are the Canadian Forces fighting a war in a foreign land against a soulless enemy, they are not RCMP officers in our cities dealing with street thugs.  If the CF are going to start actively protecting Taliban from their own government, they&#039;d better have a 100% air-tight case that the Afghan government is doing something they shouldn&#039;t.  Until then, the status quo will do.</description>
		<content:encoded><![CDATA[<p>In short, yes.  These are the Canadian Forces fighting a war in a foreign land against a soulless enemy, they are not RCMP officers in our cities dealing with street thugs.  If the CF are going to start actively protecting Taliban from their own government, they&#039;d better have a 100% air-tight case that the Afghan government is doing something they shouldn&#039;t.  Until then, the status quo will do.</p>
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		<title>By: SeanStok</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211438</link>
		<dc:creator>SeanStok</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:35:50 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211438</guid>
		<description>It was meant to show how offensive the current Conservative argument  is (&quot;nobody saw it directly, so it didn&#039;t happen&quot;).

You get all mad when you read Swift&#039;s &#039;Modest Proposal,&#039; with that bastard talking about eating babies?</description>
		<content:encoded><![CDATA[<p>It was meant to show how offensive the current Conservative argument  is (&quot;nobody saw it directly, so it didn&#039;t happen&quot;).</p>
<p>You get all mad when you read Swift&#039;s &#039;Modest Proposal,&#039; with that bastard talking about eating babies?</p>
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		<title>By: LynnTO</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211437</link>
		<dc:creator>LynnTO</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:31:27 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211437</guid>
		<description>The Geneva Convention doesn&#039;t say &quot;don&#039;t torture your prisoners, unless you&#039;re convinced they&#039;re bad people&quot;.  It says (and I&#039;m paraphrasing) &quot;don&#039;t torture your prisoners.&quot;

Interrogations aren&#039;t cake walks.  But a moral judgement on torture that stands as international law (as well as, I might add, Canadian law) ought to be respected.

Suppose the insurgent had claimed to have been waterboarded, or had experienced some other form of torture that don&#039;t leave apparent physical markings; do we throw out the claim just because of the source?</description>
		<content:encoded><![CDATA[<p>The Geneva Convention doesn&#039;t say &quot;don&#039;t torture your prisoners, unless you&#039;re convinced they&#039;re bad people&quot;.  It says (and I&#039;m paraphrasing) &quot;don&#039;t torture your prisoners.&quot;</p>
<p>Interrogations aren&#039;t cake walks.  But a moral judgement on torture that stands as international law (as well as, I might add, Canadian law) ought to be respected.</p>
<p>Suppose the insurgent had claimed to have been waterboarded, or had experienced some other form of torture that don&#039;t leave apparent physical markings; do we throw out the claim just because of the source?</p>
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		<title>By: MJ Patchouli</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211435</link>
		<dc:creator>MJ Patchouli</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:28:45 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211435</guid>
		<description>You think it&#039;s easy to make priorities??</description>
		<content:encoded><![CDATA[<p>You think it&#039;s easy to make priorities??</p>
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		<title>By: SeanStok</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211436</link>
		<dc:creator>SeanStok</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:28:27 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211436</guid>
		<description>Two things:   First, your government says there&#039;s no torture happening.  Why don&#039;t you believe them?

Second, I can&#039;t tell if either you&#039;re so dense that you missed the possibility that I was making a (darkly) satirical point, or if you&#039;re simply a partisan stooge.  Not that it makes much difference, I suppose.</description>
		<content:encoded><![CDATA[<p>Two things:   First, your government says there&#039;s no torture happening.  Why don&#039;t you believe them?</p>
<p>Second, I can&#039;t tell if either you&#039;re so dense that you missed the possibility that I was making a (darkly) satirical point, or if you&#039;re simply a partisan stooge.  Not that it makes much difference, I suppose.</p>
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		<title>By: Gaunilon</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211434</link>
		<dc:creator>Gaunilon</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:25:41 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211434</guid>
		<description>You have evidence that a Conservative official tortured someone?</description>
		<content:encoded><![CDATA[<p>You have evidence that a Conservative official tortured someone?</p>
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		<title>By: Gaunilon</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211433</link>
		<dc:creator>Gaunilon</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:24:15 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211433</guid>
		<description>Classy.</description>
		<content:encoded><![CDATA[<p>Classy.</p>
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		<title>By: Mike514</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211432</link>
		<dc:creator>Mike514</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:18:34 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211432</guid>
		<description>You want Peter MacKay to be tortured in an Afghan prison?

I&#039;ll be very surprised if Macleans allows your comment to remain.

Or better yet, I hope they don&#039;t delete your comment. So that you can be judged by it.</description>
		<content:encoded><![CDATA[<p>You want Peter MacKay to be tortured in an Afghan prison?</p>
<p>I&#039;ll be very surprised if Macleans allows your comment to remain.</p>
<p>Or better yet, I hope they don&#039;t delete your comment. So that you can be judged by it.</p>
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		<title>By: sourstud</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211431</link>
		<dc:creator>sourstud</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:14:49 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211431</guid>
		<description>The acuser is again probably Taliban, his torturers conveniently left the torture devices in the room?!? and the prisoner had a 4-inch bruise.  This is hardly convincing &quot;evidence&quot;.  Is it a credible allegation?  Possibly.  But why would our armed forces act on such dubious intelligence?</description>
		<content:encoded><![CDATA[<p>The acuser is again probably Taliban, his torturers conveniently left the torture devices in the room?!? and the prisoner had a 4-inch bruise.  This is hardly convincing &quot;evidence&quot;.  Is it a credible allegation?  Possibly.  But why would our armed forces act on such dubious intelligence?</p>
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		<title>By: SamDavies</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211430</link>
		<dc:creator>SamDavies</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:11:37 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211430</guid>
		<description>Personally, I&#039;d love to see MacKay wave his hand slightly, and say &quot;These aren&#039;t the droids you&#039;re looking for. Move along.&quot;</description>
		<content:encoded><![CDATA[<p>Personally, I&#039;d love to see MacKay wave his hand slightly, and say &quot;These aren&#039;t the droids you&#039;re looking for. Move along.&quot;</p>
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		<title>By: Eas Coas</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211429</link>
		<dc:creator>Eas Coas</dc:creator>
		<pubDate>Tue, 24 Nov 2009 17:08:30 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211429</guid>
		<description>As the coalition crisis illustrated, DefCon1 is &quot;Break Up Canada.&quot;</description>
		<content:encoded><![CDATA[<p>As the coalition crisis illustrated, DefCon1 is &quot;Break Up Canada.&quot;</p>
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		<title>By: avr</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211428</link>
		<dc:creator>avr</dc:creator>
		<pubDate>Tue, 24 Nov 2009 16:54:52 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211428</guid>
		<description>&lt;em&gt;There is no need for evidence and it will serve no purpose.&lt;/em&gt;

Good to know.</description>
		<content:encoded><![CDATA[<p><em>There is no need for evidence and it will serve no purpose.</em></p>
<p>Good to know.</p>
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		<title>By: Bill Simpson</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211427</link>
		<dc:creator>Bill Simpson</dc:creator>
		<pubDate>Tue, 24 Nov 2009 16:50:35 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211427</guid>
		<description>Does anyone seriously doubt that there were incidents of torture on some of  these detainees at some stage after they were handed over by Canadian troops? Does anyone also seriously doubt that the government can in no way explicitly lay out the full extent of its own suspicions on the subject?

There is no need for evidence and it will serve no purpose. The only issue at hand is what senior government officials can be shown to have known or suspected and when. If anyone thought that people were being tortured and did not act on that thought, then they are accountable in some way, small or large, for a sin of omission.</description>
		<content:encoded><![CDATA[<p>Does anyone seriously doubt that there were incidents of torture on some of  these detainees at some stage after they were handed over by Canadian troops? Does anyone also seriously doubt that the government can in no way explicitly lay out the full extent of its own suspicions on the subject?</p>
<p>There is no need for evidence and it will serve no purpose. The only issue at hand is what senior government officials can be shown to have known or suspected and when. If anyone thought that people were being tortured and did not act on that thought, then they are accountable in some way, small or large, for a sin of omission.</p>
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		<title>By: SeanStok</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211426</link>
		<dc:creator>SeanStok</dc:creator>
		<pubDate>Tue, 24 Nov 2009 16:44:51 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211426</guid>
		<description>How about we dress up MacKay like an insurgent soldier, and transfer him to the Afghan prison system?   Deep undercover fact finding kinda stuff.

Let him spend a good six to thirty months there, and then we&#039;ll reveal his true identity and bring him home.  He should have plenty of first hand evidence at that point (though possibly fewer fingernails and testicles than he started with).

You&#039;re welcome, Mr. Prime Minister.</description>
		<content:encoded><![CDATA[<p>How about we dress up MacKay like an insurgent soldier, and transfer him to the Afghan prison system?   Deep undercover fact finding kinda stuff.</p>
<p>Let him spend a good six to thirty months there, and then we&#039;ll reveal his true identity and bring him home.  He should have plenty of first hand evidence at that point (though possibly fewer fingernails and testicles than he started with).</p>
<p>You&#039;re welcome, Mr. Prime Minister.</p>
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		<title>By: Scott_Tribe</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211425</link>
		<dc:creator>Scott_Tribe</dc:creator>
		<pubDate>Tue, 24 Nov 2009 16:35:42 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211425</guid>
		<description>See no evil, hear no evil, speak no evil, eh Yen? At least, not of your Conservative heroes.

I get the feeling with this bunch that even if someone came forward saying they&#039;d witnessed torture first-hand, the Conservatives  be attacking that person&#039;s credibility as well, or asking where the video tape is.. or a corroborating witness. They&#039;re trying very hard to move the goalposts as to what they will accept as evidence of torture.</description>
		<content:encoded><![CDATA[<p>See no evil, hear no evil, speak no evil, eh Yen? At least, not of your Conservative heroes.</p>
<p>I get the feeling with this bunch that even if someone came forward saying they&#039;d witnessed torture first-hand, the Conservatives  be attacking that person&#039;s credibility as well, or asking where the video tape is.. or a corroborating witness. They&#039;re trying very hard to move the goalposts as to what they will accept as evidence of torture.</p>
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		<title>By: Ted</title>
		<link>http://www2.macleans.ca/2009/11/24/the-burden-of-proof/comment-page-1/#comment-211422</link>
		<dc:creator>Ted</dc:creator>
		<pubDate>Tue, 24 Nov 2009 16:19:27 +0000</pubDate>
		<guid isPermaLink="false">http://www2.macleans.ca/?p=94150#comment-211422</guid>
		<description>Looks like they&#039;ll have to ramp up the &lt;b&gt;Def&lt;/b&gt;end &lt;b&gt;Con&lt;/b&gt;servatives Condition again.

Let&#039;s see, where were we?

DefCon6: Claim it&#039;s a non-story... CHECK!
DefCon5: If that doesn&#039;t work, blame the media for overhyping the story... CHECK!
DefCon4: If that doesn&#039;t work, blame the Liberals... CHECK! AND DOUBLE CHECK!
DefCon3: If that doesn&#039;t work, blame a bureaucrat or a premier... CHECK! AND TRIPLE CHECK!!

Which leaves us with...

DefCon2: If that doesn&#039;t work at getting rid of the story, fire someone or blame a staffer... pending???

And the way things are going, can DefCon1: Start talking about Adscam and NEP and broken GST promises be that far behind????</description>
		<content:encoded><![CDATA[<p>Looks like they&#039;ll have to ramp up the <b>Def</b>end <b>Con</b>servatives Condition again.</p>
<p>Let&#039;s see, where were we?</p>
<p>DefCon6: Claim it&#039;s a non-story&#8230; CHECK!<br />
DefCon5: If that doesn&#039;t work, blame the media for overhyping the story&#8230; CHECK!<br />
DefCon4: If that doesn&#039;t work, blame the Liberals&#8230; CHECK! AND DOUBLE CHECK!<br />
DefCon3: If that doesn&#039;t work, blame a bureaucrat or a premier&#8230; CHECK! AND TRIPLE CHECK!!</p>
<p>Which leaves us with&#8230;</p>
<p>DefCon2: If that doesn&#039;t work at getting rid of the story, fire someone or blame a staffer&#8230; pending???</p>
<p>And the way things are going, can DefCon1: Start talking about Adscam and NEP and broken GST promises be that far behind????</p>
]]></content:encoded>
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