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VOLUME 8.14

spotlightmagazine.ca Cover photo Joan Bateman / Gainsboro Studio

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NOTES FROM N’KENGE:Working Moms

On Broadway

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Wild Rose ChangeChanging Alberta’s Slogan

Was it ever? Can it be again?

Is America Exceptional?page 12

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Happy Civic Holiday

SCOTT COWAN - EDITOR(403) 504-7092

ART DIRECTOR -JOAN BATEMAN

SALES -LYNNETTE SCHILE(403) 581-8075

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Notes from N’kenge 4-6 N’kenge

Crestwood Dental Clinic 40 Years in Our Community 8 Dr. Robert Barr

“Power of Attorney” & “Personal Directive” 11 Dan Hein

Who Will Stand on Guard for Thee? 12-13 Scott Cowan

“Hearsay” 16-17 Scott Stenbeck

Your Station in Life 19 McCully

Wild Rose Country Should Stay 21 Danielle Smith and Drew Barnes

Change for Better: Canada 23 Lavar Payne

Crossword 24

Take Steps to Protect Your Family Business 26 Jackson Woodruff

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Diaper Changing, Breastfeeding, Doctor Visits, Playtime, Bathing, Bedtime Stories, Fostering social skills - a mothers work is never done. Now add 8 shows a week, rehearsals and promotional events to the schedule and it sounds insanely impossible. Well it isn't!

No one ever said balancing work, family & life was a simple task but career moms do it daily. I had the opportunity to sit down with two working moms currently performing on Broadway. Rema Webb is performing in the musical Violet and Sabrina Sloan is performing in Motown: The Musical.

N'KENGE: Sabrina, tell us a little bit about yourself. I know you are starring in Motown: The Musical as one of the famous Supremes and also as Suzanne De Passe who discovered the Jackson 5 and was the right hand woman for Berry Gordy Jr. Playing these two really amazing and pivotal roles in the show constantly requires costume changes. Please tell us the process of getting into Motown and you're originally from California correct?

SABRINA: I am. I was actually born in Long island, New York

so I'm kind of a New Yorker at heart but we moved to Thousand Oaks LA when I was about 3 years old. So I grew up mostly in Southern California, went to Northwestern for school in Evanston, Illinois, and then moved to New York a week and a half after September 11th. I think it was the best time for me to just jump in and come to the city because there was, in spite of everything that happened, a real sense of community and camaraderie. There was a NY spirit of we're getting up and hitting the pavement and we're coming back and you can't knock us down. I really felt that

and got caught up in that.

N'KENGE: Yes the NY energy was different at that time. So you came and did the grind. How soon did you book your first Broadway show?

SABRINA: Yes I did the whole grind, and after a year of auditioning, I finally booked Hairspray on Broadway and that was my first show actually. I first lived in Brooklyn and then lived in Staten Island for awhile which was-something I wouldn't recommend. I would literally get on the ferry and come over, work downtown in

the financial district all day, take the train up to the theatre on 52nd and do the show at night-take the train back down, take the ferry over back home and SLEEP and come back and do it again. But it paid off my student loans and you know, that was the grind.

N'KENGE: Absolutely! Now what's so special about what you're doing now is the fact that you're doing this simultaneously while being an amazing mother to a son named Jackson. I love the fact that your son's named Jackson and you're doing Motown

SABRINA: Exactly! He's preparing to be the little Michael Jackson in 6 years.

N'KENGE: It's almost like it was just meant to be and the stars were aligned. Let's rewind. What happened after you were in New York doing Hairspray?

SABRINA: I've been sort of back and forth. I got married after that to my college sweetheart and moved to LA because that's where he practiced law. I then did American idol, that was a fun experience, but the Stage/Broadway is what I trained for in school and what I've always loved and done, so I kept

Spotlight Around the World - New York

NOTES fromN’kengeWORKING MOMS ON BROADWAY!!!!

Photo Credit: Chiun-Kai Shihgetting drawn back. I always wanted to come back to New York. It worked out and we came back. I did In The Heights on the road which is when I got pregnant, it wasn't planned but it happened.

N'KENGE: A blessing is a blessing.

SABRINA: Yes! I was working in the show until I was almost 6 months pregnant. It was great and then I left the show in LA because I had already booked Catch Me If You Can so we came back to NY for that and did that until he was almost a year old and that show closed, went back to LA.

N'KENGE: When you booked Catch Me If You Can, was it an audition you did in LA, or NY?

SABRINA: It was an audition I did in New York at the same time I did In The Heights actually.

N'KENGE: So you knew you were going into Catch Me If You Can for awhile?

SABRINA: Yes, so at least I could prepare you know when I was pregnant, and there was still kind of that if factor of when the baby comes, are we gonna want to do that? But it was really great for me to get right back in.

N'KENGE: How soon did you go back to work after you gave birth?

SABRINA: He was 2 months old. We went back to New York and we swapped houses with someone in Brooklyn and they came to our condo in LA. It was hard that first day, but it was rehearsals for a new Broadway show which was also very intense. All day I was nursing and my husband would bring him to the rehearsal space at the dinner break, and I was

pumping and he would come and I would have my little time with him, and he would take him back home on the train all bundled up.

N'KENGE: Wow. What an amazing story. Rema, tell us a little bit about yourself. Where are you originally from and how did it all begin?

REMA: I'm originally born and raised in Pittsburgh with strong roots in New Orleans so I feel like almost half the year we were in New Orleans more than Pittsburgh, with really strong Creole/Bangladeshi family, so it's a weird mix my siblings, myself and my parents always knew what I wanted to do. I started dancing at 6 in tap, ballet, jazz and then going onto High School. I started studying classical: Claudia Pienza, and so I followed her into college at the university of Pittsburgh, and studied with her in Italy, so I was really going the classical route, but I had to pay for college. And I just loved Broadway so I would sing the jazz clubs in college and then do Broadway shows at night. I've always just been doing too much and need to sit down somewhere. But you know that-I was so hungry and I wanted it so badly and I had to choose and finally went the musical theatre route and also strong ties to the church, growing up in a Pentecostal church as well, and my mother was catholic, we just had everything-if I wasn't singing mass then I was singing in church. I had an incredible mother who just saw something in me. She wasn't a show mom but she saw the passion and figured out creative ways to nurture that. You know, we could wake up in the morning and listen to Millie Jackson and Al Green and then some opera singer and the R&B radio and then she loved her bluegrass and her country and

her Cajun music. It was very eclectic growing up. She was a single parent but she worked hard really before her time and owned a house and a car back when people weren't doing divorce. She took me to my first Broadway show. I always knew I wanted to be on Broadway and she put me in everything: civic light opera mini-stars, miss black teenage-like she just had me always rolling, went to Philadelphia started making my way with the theaters there, then two years later I got my first production contract, I just hit the pavement running. My first Broadway show was Ragtime, and that's how I made my Broadway debut. Afterwards, I went to Lion King, stayed there for 15 years and that time I had my daughter, I had her at the end of my college career.

N'KENGE: ok so you had your daughter before your Broadway debut?

REMA: I had to take a year and a half off from college. I got pregnant in college with her, that's how that happened. I was with her father for 18 years and then had my son while I was in Lion King.

N'KENGE: and you took your maternity leave, from Lion

King?

REMA: Yes. I got pregnant on my 35th birthday. That was my birthday present. It's been my constant daily struggle and success in wearing all these hats and you have to figure out the balance. For me, you give yourself permission to fall short sometimes and it is what it is, you can’t wear all those hats. So some days you might have to call out of a show because that household is crazy or you can just tell, your kids need you to plug in, and some days you have to say: I'm sorry, I have to go to work honey, you're gonna be alright. Sometimes you have to say no to a project and sometimes you have to say yes. this: I have a dream, and if I don't foster this dream right now I'm gonna explode so you just have to figure it out and be okay when it doesn't work out because that's the yin and yang. It doesn't always work out but that's ok because you can get up for another day and my faith is very very important to that and being committed to being aware and wanting to be emotionally, and spiritually and mentally healthy, that's all part of it too so you just take it one day at a time. You have to put the oxygen mask on first to just take care of yourself so that

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you can take care of everybody and sometimes, you fall a little short but that's ok, I have to keep saying that to myself, the imbalance is the balance. You have to keep dreaming so your kids can see that

N'KENGE: Exactly because you're an example to your kids who are watching and observing everything you do. My mother was an amazing renaissance woman when it came to starting her business with $75 and being the most successful black staffing woman in NY State. I think, if she can do that, with a degree in criminal justice, that had nothing to do with business administration whatsoever, it inspired me to be motivated and so I think as mothers, we are inspiration and mentors to our kids.

REMA: There's a young lady who works backstage and her mother was one of my dressers at Lion King, and her dad is a head carpenter at Cinderella. I asked her how it was growing up with two parents in the business. She said: when I was younger it was really hard and I wanted my parent’s home. She had a little resentment but now that she's older and in the business it's like that little girl in her wants to sometimes be mad, but now that she's here, she sees how hard they worked for her.

SABRINA: I think that's interesting that we all grew up with single moms. I think that does absolutely affect how we are as women and the drive and the motivation and the success of them and I was very much the same. I think having a child definitely changed my relationship with my mom because first of all, I needed her a lot more because moving here to do Motown, I literally had to call her and say-I have to leave next week can you come for 3 weeks and help me take care of Jackson and she did it and you

know, luckily she is retired and but that and I also was that girl who was like: my parents were never there and they didn't come to the games/shows, I was always the last one picked up and I had that whole mentality but the exhaustion that I have just trying to make life work and somewhat pursue my dreams, and I don't even think my mom was really able to pursue her dreams to the degree that I am able to so now I have that sympathy where I'm like thank you for working so hard just so that I could go to college and study this just so I could have my dreams. Being a mom definitely flips the switch and changes how you view your own relationship with your parents and what they did to help you get to where you are and you have a greater respect for that and I think having friends who are moms in the business is also key because there are going to be those friends who won’t get it or don't understand when you drop the ball or say, I got to cancel today, I can't do it. It's sometimes hard at Motown since I'm the only one so far, until N'Kenge comes back from maternity leave.

REMA: I'm so glad you're doing this because this is huge. When we were doing sound of music move with Carrie Underwood, a lot of the women there were mothers. Almost all the nuns were moms and then that schedule would come out and then it would change like: “oh my God I have to get a nanny” and that was our constant conversation, the scheduling and sometimes you're working to pay for it but that's ok but that was a real reality check. Those late hours, not traditional hours on top of that so that part can get a little difficult too but I was glad to see so many moms. Things have changed. A lot more dancer girls are becoming moms, I love that!

N'KENGE: That really is great to see! Sabrina, I also love how your son Jackson is into your role in Motown and makes you convert into character at home.

SABRINA: Oh yes. Sometimes he calls me Flo. He'll say when I go to work: “I'll see you later Flo” and he wants me to do the Flo voice. He sees the buses with Motown, and he goes: “momma, that's your show” and he recognizes it and he's like: “oh momma gotta go to singing work”

N'KENGE: Rema, I saw you singing your heart out on the Tony Awards this year. How was that experience?

REMA: I had pneumonia

N'KENGE: You were like “I'm not missing the Tonys for nothing” right?

REMA: well what happened was with the 10 am rehearsal, and I went to do that last note and nothing came out, so we're back on the bus and I called my doctor, so they waited, the director was like: so, we're going to have rehearsal at 1, and we want to work on that button, and we get back to the theatre and I hear Rema Webb please come downstairs and I knew

it because I'd already heard stage management call the music director and the general manager’s office, and I told Annie golden from orange is the new black, I said Annie and she was like they would never pull you, and I said Annie, they're going to pull me. 15 minutes later, they said you know we love you and we support you, we want to feature you, we want what's best, but we're gonna have your understudy just look at the rehearsal, and for some reason we had that rehearsal and that voice came out suddenly it was like Nope! That's it, its fine. They pulled me back and said don't do the show, go upstairs and lie down and we're going to test you again at 4 just to make sure.

N'KENGE: You sounded fabulous on the Tonys and many people would be amazed by this back story. No one would have had any idea from watching the performance.

Get more insight on the journeys of these extraordinary women and hear more stories from these working mothers on Broadway by watching the full interview at the divankenge YouTube channel!

Spotlight's Celebrity Correspondent, N'Kenge is a Pop/Opera Singer and Originated the role of "Mary Wells" in Broadway's Motown:The Musical

Photo Credit: Kat Hennessey

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LYNNETTE SCHILE (403-581-8075)www.WTEVacations.com 417 3rd St. SE, Medicine Hat, AB

40 years ago, a young dentist named Dr. Clifford Hrankowski moved his new family from Harniota Manitoba, to Medicine Hat Alberta, to open a new dental clinic to service the people of southeastern Alberta.

The year was 1974, and Medicine Hat was quite a different place from the community we all know today. In 1974, Medicine Hat was a small farming and ranching community with a population of 28, 152. Harry Veiner was still Mayor, but would be succeeded by Mayor Ted Grimm later that year. The Medicine Hat Tigers were a new WHCL franchise and were defending WHL President’s Cup champs. This was the year that Crestwood Dental Clinic was established on the far south side of town on Dunmore Road. This was before Medicine Hat Mall was built. There was no Ross Glen, no South Ridge, and no Parkview subdivisions. The Medicine Hat Teepee, the Family Leisure Centre, and the Esplanade would be built years down the road.

Medicine Hat was indeed a different place in 1974. Alberta’s first oil and gas boom was gearing up and the city was growing rapidly. This rapid expansion created a need for many services, especially a need for expanded medical and dental services, to look after a growing community. This is the environment in which Crestwood Dental Clinic was established 40 years ago, to help look after the dental health needed of a vibrant and growing Medicine Hat.

It is now 2014, and much has change here in Medicine Hat. We have a population of well over 60,000 people, there are new subdivisions springing up almost everywhere. The Dunmore Road, TransCanada overpass is nearing completion, and the new Events Centre is under construction. As Medicine Hat has grown, changed, matured, so too has Crestwood Dental Clinic.

Crestwood Dental Clinic now supports 6 Dentists, 9 hygienists and a staff of over 50 professionals that continually strive to provide all the dental services that a growing modern population demands. We have grown to offer a full range of services, from basic dental care to cosmetics, implants, orthodontics, dental surgery, cancer screening, and much more.

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“Power of Attorney” & “Personal Directive”Estate Planning Series, Part 4 of 4

Because we may become incapacitated, we should grant or authorize someone we trust to handle the decisions and affairs of our financial and physical well-being.

Power of Attorney (PoA) – covers our Business & Financial Affairs

When needed, our PoA must “step into our shoes”, becoming our “Attorney” or substitute decision maker for our financial affairs and personal assets. The Attorney (not to be confused with “lawyer”) appointed under the PoA acts as a substitute decision maker for the grantor (grantor is the person who granted the PoA) for all the property owned by the grantor during the grantor’s lifetime. The authority of our PoA expires upon our death.

A continuing Power of Attorney for property (often referred to as a POA) is an important part of estate and succession planning. When planning for incapacity, granting a PoA to a spouse, adult child, family member, friend or a corporate trustee, can provide you with peace of mind knowing that in the event of your incapacity to make decisions and manage your financial affairs, there will be a trusted substitute decision maker (PoA) who is authorized to manage your financial affairs on your behalf.

The PoA must conduct themselves according to a high standard of fiduciary care, akin to that of a trustee. To avoid traps, the PoA should obtain legal advice from an estates lawyer in the appropriate jurisdiction, prior to exercising a POA. The lawyer can assist the PoA in navigating through the difficulties that may arise and the grey area of personal liability into which the PoA may inadvertently stumble.

What is Fiduciary Duty of a PoA? – If you are appointed PoA you will be subject to the laws of the province in which the grantor resides. These provincial laws place obligations and prohibitions on you as the acting PoA to ensure you are acting in the grantor’s best interest. There are certain acts which the PoA must take positive steps to do on behalf of the grantor as well as certain acts which the PoA must refrain from doing. The obligations and prohibitions differ, depending on whether the grantor is capable or incapable. Certain obligations fall under general fiduciary (duty of care) owed by the PoA to the grantor at law.

Liability - To avoid personal liability, the PoA must only act according to the duties listed in the Substitute Decisions Act, 1992 (“SDA”). Generally, so long as the grantor has capacity to manage his or her financial affairs, the PoA should refrain from acting.

The PoA is prohibited, at all times, from making testamentary dispositions (writing a Will, designating beneficiaries under a life insurance policy or a registered plan) on behalf of the grantor, and from acting in a manner that is self-interested and contrary to the best interests of the grantor.

Corporate governance - Often a grantor is the sole director of a private corporation. Once incapable, the grantor can no longer perform his or her director functions. It is assumed by some that the PoA is authorized by the POA to act as director. This assumption is misguided. Consult legal and tax experts.

Capacity - In addition to a legal age requirement, cognitive capacity is required at law, for certain acts or transactions to be valid and in effect. Different types of capacity are required for different types of acts or transactions. For example, each of the following acts – marrying, retaining and instructing a lawyer, revoking and granting a POA, making a Will, managing financial affairs, requires a certain type of cognitive capacity which, in very general terms can be described as the comprehension of the nature of the act and an appreciation of the consequences that flow from it.

How does the PoA know whether or not the grantor has capacity to manage his or her affairs?

Often, the PoA and family members seek the advice of a registered capacity assessor who conducts a capacity assessment according to the requirements under the SDA. Where litigation arises, the report is used as evidence, in court, in support of the presence or absence of capacity, as the case may be. However, the assessor’s findings are not binding on the court.

Personal Directive (PD) - covers decisions for our health and physical well-being

PD is also known as “Advanced Directive” or “Power of Attorney for Personal Care”. Here we authorize someone we deeply trust to make healthcare decisions, should you become unable to do so. This person can be the same as your PoA or someone else. When you think of the last phase of your life, what is most important to you? What kinds of aggressive treatment would you want or not want? Such as the need for resuscitation, breathing machine, feeding tube. These are very personal decisions and need to be talked about prior to becoming incapacitated. It’s never too soon to have the discussion.

The comments included in this article are not intended to be a definitive analysis of tax applicability or trust and estate law. The comments contained herein are general in nature and professional advice regarding an indi vidual’s particular tax position should be obtained in respect of any person’s specific circumstances. . All insurance products and advice are offered through BMO Nesbitt Burns Financial Services Inc. by licensed life insurance agents, and, in Quebec, by financial security advisors. ® “BMO (M-bar roundel symbol)” is a registered trade-mark of Bank of Montreal, used under licence. ® “Nesbitt Burns” is a registered trade-mark of BMO Nesbitt Burns Inc. BMO Nesbitt Burns Inc. is a wholly-owned subsidiary of Bank of Montreal. Opinions are those of the author and may not reflect those of BMO Nesbitt Burns. The information and opinions contained herein have been compiled from sources believed reliable but no representation or warranty, express or implied, is made as to their accuracy or completeness.

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T

Will Stand on Guard for Thee

By: Scott Cowan

Opinions

WHO ?

here’s a pervasive undercurrent of judgment toward America. USA exceptionalism has evaporated. There’s an undeserved indictment that world prominence was gained immorally. That super power status was obtained

by cheating, exploiting, and abusing workers, while simultaneously gaining monstrous profits. This is a lie!

President Obama commented he believed in American exceptionalism then further explained, just like other countries think they’re exceptional too.

Let’s examine what in fact makes a country, any nation, “exceptional.” Nothing in our DNA makes us so. Clearly we’re not better looking, or smarter. We may be richer, but money alone shouldn’t generate such accolades. We may be privileged, but not exceptional.

America and Canada are exceptional because of the documents that define us as nations. The British North America Act, the Canadian Charter of Rights and Freedoms, the Bill of Rights, the

Constitution of the United States, one nation under God, all men

created equal, inalienable rights, life liberty and the

pursuit of happiness, justice for all.

These

defining documents are exceptional.

By extension all citizens are in fact exceptional.

Before America, never was a nation so founded. Kings, queens, despots, popes, and those with the biggest weapons ruled. They did so harshly. Freedom was a dream, and justice was at the point of a sword. The majority, worked from the rising to the setting of the

sun, just to feed their families. So it remained for thousands of years.

Then in 1776 history forever changed, the individual was put first. Never had a government restricted itself in favor of the people guaranteed by rule of law. Never before was justice, blind, equalizing the rich and poor.

America was exceptional because all the founding fathers held to the truth that freedom and rights originated with the Almighty, not the State.

These truths make America exceptional, and yes superior, to all other governments! Canada, America’s cousin came along 100 years later following freedom’s example. Today, many say we should tolerate other faiths and governments. Then we must examine those differences asking how they worked in the host countries. Immigrants leave because those systems were oppressive. Therefore we should not elevate inferior government systems to the status of our own. Western government makes our country attractive. Not our politically correct tolerance and inclusiveness. In two hundred years America became the most exceptional country in history.

Never has America used military

or political force to dominate, only to liberate. I challenge critics to show an example where America stayed in a country or colonized without invitation. After WW11 they initiated the Marshall Plan to rebuild allies, and enemies alike. In Iraq they built power, water plants, and schools. But the enemies of freedom were quick to destroy progress, killing their own people.

Any where freedom’s allowed to take hold you see rapid improvement. Compare Israel to their neighbors. A modern city and people emerged from the desert because of freedom and democracy. Compare North and South Korea’s progress. In 1947 Japan replaced Imperial Rule with freedom, now take a look. Australia started as a penal colony, but freedom wrought a nation.

There’s a beautiful tranquil bay separating the main land from Fort Sumter. Yet one can almost hear the lingering echo’s of those first shots of the civil war. Who can gaze across Pearl Harbor without imagining Japanese zeros dropping bombs? I clearly remember soldiers and tanks patrolling on Jefferson Ave. in Detroit, during the 1967 race riots. (43 killed 1189 injured)

Just off the inter-state you can park within view of an unassuming hill. It’s a beautiful scene today. Not so 138 years ago. A few feet below the crest of “Last Stand Hill,” are numerous plain white head stones. I quietly wept at the site. One bears the name, George Armstrong Custer. It marks the place where he fell, his body mutilated, one arrow hand driven up his penis. (According to eye witness testimony)

Ground Zero in New York is solemn as Pearl Harbor. I challenge anyone to fully control their emotions in this place. Today built from the ashes of the worst terrorist mass murder, the Freedom Tower reaches 1776 feet to the skyline. The height commemorates the founding of the USA in the year 1776.

America has had set backs and struggles, yet throughout, has shone a light to the nations.

On Mt. Rushmore chiseled from tons of granite, four great Americans are immortalized. Each stood for freedom. Who stands for freedom with granite resolve in America today? Who understands the cost and the fragile nature of democracy? The constitution guarantees equal opportunity, but not outcomes. The document that guaranteed individual freedom needs individual patriots to rise in protection of the Republic and freedom itself. Reclaim that “America the Beautiful,” is still exceptional!

Here at home I wonder, Oh Canada, who will stand on guard for thee? Can anyone seriously accept frat boy liberal Justin Trudeau as a credible economist at a G8 table? Try military leader capable of staring down Russia’s Putin? A Trudeau retread who received his daddies name, and mommies brain.

President Lincoln prophesied, “If destruction be our lot, it will come from within.”

“We may be richer, but money alone shouldn’t generate such

accolades. We may be privileged, but not exceptional.”

Page 13

I hear the word “Hearsay” tossed around from time to time. I thought that I would explain what it is, and use this example as an illustration of the importance of giving legal counsel all the information, whether one thinks it is useful or not.

In terms of the rules of evidence, hearsay is defined as a statement that is made out of court. That is introduced in court, for the truth of its contents, and the person alleged to have made the statement is not being called as a witness. So they can later be cross examined.For example, Steve is in a car accident. The issue is if he went into the intersection when the light was red or yellow. Steve’s friend Bill did not see the accident and was not at the intersection. But Bill is friends with Jane, who was there. Jane told Bill that the light was yellow. Bill is produced at trial to say that Jane told him the light was yellow. Jane is not called or produced as a witness.

In that case the out of court statement, Jane telling Bill the light was yellow, is being put before the Court to help determine what colour the light actually was, for the truth of its contents. A basic principle of evidence is that if evidence is going to be produced, the other party has the right to cross examine on it and test that evidence. In this case to cross examine Jane. Because Jane is not being produced as a witness, the evidence sought to be brought in this case, the statement from Jane to Bill that the light was yellow, is in admissible as hearsay.

Now, let’s change this slightly. Let’s say Jane is called by the other side, and she testifies in Court that the light was red. But, let’s say she still made that same out of Court statement to Bill that the light was yellow. In that case, Bill can absolutely provide that evidence discussing the out of Court statement, it is no longer hearsay. Why? Well, firstly, it may be produced for the truth of its contents. But one of the other primary reasons is to deal with the credibility of Jane, and to contradict a statement made by her. Something she says out of Court that contradicts what she says in Court is absolutely proper to bring in. As well, Jane is present in Court to be cross examined about the statement.

“Hearsay”Now another change. Let’s say that Jane is called by Steve again. She says in Court that the light was yellow. Can Steve call Bill to say that Jane also told him outside of Court that the light was yellow? Jane is in Court to be cross examined on the previous out of Court statement.

The answer is that Bill cannot be called as a witness to say that Jane told him the same thing outside of Court. Not because it is

considered hearsay, but rather because prior consistent statements are not considered

evidence. In other words, just because Jill told the same thing to several people does not make it more likely to be true.

Often, when a party to litigation testifies, they are asked questions about out of court statements when they are cross examined. This is not hearsay. Anything that a party to litigation says outside of Court, if it contradicts their current testimony, can be put to them to test the credibility of their story.

There are also situations where out of Court statements are put before the Court, but not introduced for the truth of their contents. Only to say that a certain statement was made, whether true or not. A lot of

times some hearsay will be permissible just as part of the narrative, in other words on inconsequential matters to allow a witness to tell their story. For example, Jill is called as a witness and says something like “…so my mom called me and said that apples are

on sale down at the IGA, so I should pick some up. So anyway, I head down to

the IGA, and right as I am going to walk in to the store, I see this guy drive into the intersection on a yellow light, right into this truck...” Jill recounting how her mom called her and told her something is an out of court statement. Her mom probably isn’t produced as a witness, but it is just part of Jill’s story and on nothing that actually matters.

Another area where I sometimes hear people incorrectly construe statements as hearsay is when they are verbal statements with no documentary evidence. This happens a lot in family and divorce cases. For example, say Mary is attempting to get sole custody of her children. Prior to the matter coming to trial, Mary tells several

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people verbally only that, “as soon as I get those kids I’m moving to Labrador, and he will never see them again!” Say some of those people that directly hear her say that come forward to her ex-husband. He decides not to call any of them as witnesses, because it is just “hearsay.” He would be incorrect. The people hearing Mary’s statement can testify to what they heard. They are present and in court to be cross examined about what they say they heard. The fact that the statement was verbal only, does not make the evidence hearsay or inadmissible. It does affect the weight that may be given to it. There are many times that evidence is admitted, but it is of little weight.

For example, if Mary strongly denies making the statement. There is one person called that says they heard her make the statement, and that person is the ex-husband’s brother, the evidence is certainly admissible. Probably won’t be given a lot of weight by the Court. If on the other hand the witness is completely independent, or there are more than one, the weight attached to the evidence may be more.

What’s the point of all this? Well, I suppose it would be that the rules of evidence can sometimes be confusing, counter-intuitive, and not exactly what we have been led to believe by watching American court room dramas! It takes some experience to know what can be used and what cannot. So what I usually tell my clients is just to dump everything on me. Let me sift through it and decide what can be used, and what can’t. Because sometimes what appears to be obvious “hearsay,” that can’t be useful turns out, not to be.

Scott Stenbeck

Page 17

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Page 19

With sweat dripping off the end of my nose, seemingly in rhythm with my elevated heart beat and gasps of breath, I try to contain my emotion as I peel the wrist tape from my arms and unlace my black, patent leather boots. Suddenly, a strong hand clasped me on the back, almost doubling me over.

“Great match kid, I really had fun out there.” WWF legend Jim “The Anvil” Neidhart beamed down at me with his trademark red face, stroking his more-so trademarked red goatee. We just finished a 15 minute pro wrestling match in Halifax, Nova Scotia, my final night on tour with an independent wrestling promotion. I was going to miss this, but silly me, before I got hired for this tour, I had committed to returning to my hometown radio station for a third straight year of being the summer cruiser reporter.

One could say that during my four years at the University of King’s College, obtaining a journalism degree, I actually learned more away from school, whether in the wrestling ring or by tackling any task the radio station bosses threw at me in the summers. I never did become a traditional “journalist;” it was just too damn fun being on the radio and being involved in the community.

The funny thing about starting my radio career in a small town, old school radio station, (as much as I complained at the time due to being an ignorant rookie) was that I was forced to spin vinyl records, record on reel to reel tapes, and practice with cart machines; all lost arts in today’s world of radio broadcasting. Appreciating where you come from establishes a foundation of respect that can only help you in getting to where you’re going.

13 years later, I’m glad that I stuck with radio. Both radio and wrestling have allowed me to experience things that were beyond my imagination, and have allowed me access to worlds I only dreamed of as a kid. It pays to go with the flow, it pays to be open-minded, and it certainly pays to listen to your gut.

In the nation’s capital, I hosted an evening show on a classic rock station. In northern Ontario I did afternoons on a Top 40, borderline urban, station. And in Fort McMurray, Alberta I donned the cowboy hats & boots (literally) to do a morning show on the country station, before going back to classic rock to co-host a morning show with major market legends. And I never faked it anywhere. The key to fitting into any format is what radio is all about: being real, being natural. Listeners everywhere, in any music

genre, all have stories to tell and connections to be made so I love letting callers or contest winners be the star on-air. And that’s why I love social media; it’s so easy to engage with people.

Of all the big cities, different radio stations, and travelling around the country I’ve done, I’ve never worked anywhere that feels quite like you’re surrounded by family, like I am with ClearSky Radio in Medicine Hat. The CJCY team really feels like a family, which is important to me, as my fiancé and I have an 8 month old daughter named Helena. So, now I’m doing wrestling of a whole different kind, usually involving silly voices, stuffed animals, and lots of baby giggles.

For anyone that wants to get into radio, you need to first marry someone who makes a lot of money. I’m kidding. Kind of. You really do need to be open-minded, treat your co-workers like family (even if you argue and fight like siblings), and realize you’re all a part of a dynamic team. Check the ego at the door and embrace the biggest part of your team: your listeners. Let them be your co-host, your boss, your friends, and your peers. That’s why I just go by McCully on-air; you ever notice how close friends refer to each other by last names only? I want to be everyone’s friend, even if sometimes I’m the friend you love to hate.

Follow me on twitter: twitter.com/mccully, let’s connect! And call in anytime! I host afternoons from 2-7 on 102.1 CJCY!

Your Station n Lifei

Page 19McCully

Wild Rose Country.

As Albertans, we’ve proudly worn this slogan on our licence plates for decades. We identify with it.

And when we travel across this country and continent, we’re proud to be identified with our famous symbol.

Recently, Albertans were shocked to learn the PC government would be redesigning our licence plates, and scrubbing Wild Rose Country and replacing it with Alberta.ca instead.

Columnists, commentators and political watchers agree: this is a jaded political move that will end up costing Albertans $16 million.Where will the money come from for these new plates? Straight from your pockets as you get asked for an extra $5 in registration fees to cover the costs.

But this is nothing new. We’ve seen this PC government use your tax dollars for partisan purposes for years. You’ve all seen the PC branded blue and orange “Building Alberta” signs littering the province. But this new license plate initiative makes one wonder how far exactly the PC government would go to undermine taxpayers just to play petty, partisan politics.

It makes you wonder if they will replace the Wild Rose as our provincial flower now (maybe to the Dandelion). And what of the Alberta Party – would the PC government undergo another

plate change-up to remove Alberta.ca from our license plates, if they were to become a political threat?

Wild Rose Country Should StayThe move is too much to stomach, even for some PCs. The worst part about this entire ordeal, however, is that the PC decision doesn’t reflect the clear will of Albertans. An online news poll showed 72 per cent of respondents wanted Wild Rose Country to stay on the plate.

Wildrose launched its own poll, meanwhile, since the government hasn’t, which showed nearly 65 per cent support for the Wild Rose Country logo staying. Both polls had thousands of respondents. While the PC government has put the design question to a public vote, the slogan debate has remained off the table. Service Alberta Minister Doug Griffiths said he’d consider putting the slogan to a vote too, if Albertans showed a desire for it.

Well, the verdict is in. Let’s hope he’s a man of his word. Wildrose wholly supports the reflective coatings that will be on these new plates. They’ll make the numbers and letters easier to read for police and highway officials. If the people want it, a graphical redesign is fine too.

But when it comes to our slogan – Wild Rose Country – the will of Albertans is clear. It should stay.

By Danielle Smith and Drew Barnes

Politics

DREW BARNES MLACypress - Medicine Hat

Page 21

Spotlight Magazine offers you the Hottest advertising for your hard earned dollar!!

Many business owners are reluctant to try print. Will investing your limited budgets in other mediums like radio yield necessary returns? Consider the size of Medicine Hat. You can travel from the farthest side of the city, to the opposite end of the Hat in say, ten minutes. That is the most “drive time,” there is for your business to be heard via radio. Every station dilutes your chances of exposure. Four stations in

Medicine Hat, so your 10 minutes of advertising is now divided, thus RADIO leaves only 25% chance of your $$$’s =’s being heard. Factor in XM radio and …well you see where that’s going.

Let’s chat about TV. Ask 10 people at random and discover how many watch local programming! TV =’s 55555$$$In Medicine Hat you can get “the news” from papers. If you prefer a “We’re the only game in town” attitude... that also means

Newspaper advertising =’s $$$Cheap newsprint, with poor resolution, that is 99% black and white format, Yuck!

“As a shopper, one publication in town has gone from my mailbox to the garbage for the last thirteen years, the other takes at most ten minutes to read, and I never scan the ads.”

So that leaves magazines. When you sit in a waiting room, the first thing you do is pick up a magazine to read. Any will suffice.

One of our readers said: “I recently picked up a magazine in a waiting room that postulated… “Will George Bush be re-elected?” Magazine ads purchased once, may live on to be seen repeatedly, possibly for years!

Magazines = month after year of exposure.

Most of those old magazines in your doctor’s office are thin- 40/60 lb. test paper. Spotlight uses 100 lb. paper, for

exactly one reason, to survive as long as possible. Spotlight is full color, glossy, designed to please the eye.

We include a cross section of topics. We feature local and world renowned celebrities. Over 160,000 e-mail readers see us each month. Thousands more hard copies are dropped in your mailboxes.

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Our Conservative Government continues to focus our efforts on the economy, jobs and long term prosperity. Since the global recession began in 2008 our government has worked hard to ensure Canada was the last country affected by the economic downturn and the first country in the world to come out of the worst recession since the 1930’s. With that in mind our economy is growing through our efforts to keep taxes low in all sectors of the economy and for individuals. Throughout the challenges with the world economic crisis, our Canadian economy has remained more stable, allowing us to be able to create over one million net new jobs since June of 2009.

An individual family of four is now paying approximately $3,400 less in income taxes per year and now has those funds to spend, allowing the families to best meet their needs. Canadians are currently paying the lowest income tax rates since the 1960’s. To benefit Canadians and support our economy our Conservative Government has reduced taxes over 160 times.

The Federal Government along with the Provinces and Municipalities have invested heavily in much needed infrastructure all across this great country of Canada. We recognize the ongoing need to renew the aging systems currently in place and presently serving our citizens. As a result, we are continuing to invest in infrastructure projects over the next few years in partnership with the provinces and municipalities. Our 2014 Economic Action Plan Budget is designed to allow us to allocate major funding of $53 Billion for the Build Canada Fund. A portion of that amount is a 10 year program of $21 Billion Gas Tax refund to municipalities which is indexed by a 2% increase per year. There are several other elements that are noteworthy, including a $10.4 Billion GST Rebate for municipalities.

The Federal Government provides transfer payments to the provinces for the Canada Health Transfer and the Canada Social Transfer Programs. These transfer payments that our Government

LAVAR PAYNE - MP, Medicine Hat, Alberta

Politics

has put in place are now at an all-time high. The transfers to other provinces, including Alberta have increased as well. Alberta’s share of the Canada Health Transfer will expand significantly by 37% from $2.722 Billion in 2013 – 2014 to $3.750 Billion in 2014 – 2015. In addition, Alberta’s share of the Canada Social Transfer grows from $1.395 Billion in 2013 – 2014 to $1.470 Billion an increase of 5.3%.

The Minister of Employment and Social Development has recently announced some major changes in the Temporary Foreign Workers (TFW) program. These modifications will improve clarity, transparency and accountability of this program. We have seen many employers abuse this program and we have taken several steps over the last year to correct the problems created in the TFW program. The adjustments will ensure that Canadians will always be given the first chance at available jobs. A new cap is being placed on the number of TFW’s who can be hired; this number will be reduced over the next couple of years. The result is a reduction of permissible TFW’s to a 10% limit on the proportion of an employer’s workforce. So, if there are 20 employees working for an employer, 10% or 2 people of the 20 can be Temporary Foreign Workers.

The Government of Canada will refuse applications from employers for TFW’s in areas with unemployment rates that are higher that 6.0%. This has been a major problem in Eastern Canada which has unemployment rates in some areas as high as 14% and at the same time employers were still applying for permission to hire Temporary Foreign Workers.

There is another important change that will be of interest, and will be an advantage to our Greenhouse industry here in southern Alberta. This industry continues to have difficulty hiring greenhouse workers, an ongoing issue for them prior to a change to add greenhouses to the agriculture stream. Greenhouses have now been included in the Primary Agricultural Stream which allows employers to hire temporary foreign workers.

My wish is to provide clear and factual information to assist readers in understanding the changes being made through the various Bills voted on in Parliament and, through this process which includes ratification by the Senate, is accepted as law.

I continue to diligently and conscientiously serve the citizens in the Medicine Hat Constituency. I can be reached in Ottawa, or through my offices in Brooks, Taber and Medicine Hat. If you have any questions, comments, or concerns, be assured that I welcome your calls, emails and conversations.

Change for Better: Canada

Page 23

Across1- Floating platforms6- Lost11- Some docs14- Perfect, something to aspire to15- Juke16- Exclamation of relief17- Columbus’s birthplace18- Pass into disuse19- Bikini top20- Former Russian rulers22- More competent24- Storm28- Out, in bed29- Self-centered person30- Old French expression meaning “goodbye”32- Son of ___!33- Effluent system35- Gaming cubes39- Jazz flutist Herbie40- Part of UNLV41- Metric unit of mass42- Mex. miss43- Japanese poem45- Tombstone lawman46- Enumerate48- Young roarer50- Deodorant type

CROSSWORDPUZZLE

53- Silliness54- Staggering55- Herring type57- Block58- Cheri of “Saturday Night Live”60- Lots and lots65- PIN requester66- Nostrils67- Ran in neutral68- “Michael Collins” actor69- Chart70- Throws Down1- Tractor-trailer2- Citrus cooler3- Wetland4- Chinese “way”5- Schedules6- Black key7- Drop of water expelled by the eye8- Drinks slowly9- Nav. officer10- Comfortable11- Gothic feature12- European capital, in song13- Acute21- Fast fliers23- Short heavy club24- Crews25- Actress Samantha26- Climb27- Lofty peak28- Intangible

mixture of gases used for breathing30- Expect31- Writing table34- Dash36- Teheran native37- Insertion mark38- Vacant43- Attila, for one44- Humerus

Answers on page 23

neighbor47- Chinese tea49- Medical50- “M*A*S*H*” name51- Take to the soapbox52- Helping theorem53- Whiskey type55- Lab fluids

56- Type of school or cook59- Sailor61- Writer LeShan62- Capp and Capone63- Encountered64- Radical ‘60s org.

Page 24

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There’s nothing more important in the world to you than your family. However, your family-owned business probably helps support your family. So, when it comes to protecting both, you need to carefully consider your moves.

As you know, you face plenty of challenges to keep your business running smoothly — but it can be even more difficult to pass the family business on to your children or other relatives. Why is it so hard to keep a family business intact? Sometimes, it’s because no one in the family is interested in running the business. Most frequently businesses disintegrate because of the lack of a succession plan.

To create a succession plan, your first step — and possibly the most important one — is to collect the thoughts and preferences of family members on their future involvement with your business. It’s essential that you know who wants to really do the day-to-day work and who is capable. During these conversations, you’ll also want to discuss other key business-succession issues, such as the retirement goals and cash flow needs of retiring family owners and the personal and financial goals of the next generation of management.

In developing a plan for the future of your business, you will need to work with a legal professional, in addition to a financial professional. You may start with determining who will control and manage the business, and who will eventually own it. These decisions will depend on a variety of factors, such as the time horizon, goals and financial needs of the family members involved.

Your succession plan could incorporate an estate freeze. An estate freeze is a tax and estate planning strategy used to lock-in or “freeze” the current value of the business today and transfers any future

Edward Jones, its employees and financial advisors cannot provide tax or legal advice. You should consult your attorney or qualified tax advisor regarding your situation.

growth to your family members. There may be several ways to establish an estate freeze.

Another component of your succession plan might be a “buy-sell” agreement, which allows you to name the buyer for your business — such as one of your children — and establish methods to determine the sale price. Your child could then purchase a life insurance policy on your life and eventually use the proceeds to buy the business, according to the terms established in the buy-sell agreement.

We’ve just skimmed the surface of techniques that might be used alone or in combination to carry out your business succession. The transfer can be complex, so you will certainly need to consult with your legal and financial professionals. It’s important that you fully understand the business and tax implications of any succession plan, as well as the financial effects of a plan on all your family members.

In any case, once you’ve created your succession plan, you’ll need to work with your legal advisor to put it in writing and communicate it clearly to all family members. Surprises are welcome in many parts of life — but not when it comes to transferring a family business.

You want to leave your family a legacy. And if that legacy is the family business, then you will want to take the appropriate steps to pass it on in a manner that benefits everyone involved. This will take time and planning — but it can be well worth the effort.

Member – Canadian Investor Protection Fund

Finances

Take Steps to Protect Your Family Business

2B-40 Strachan Court S.E. Medicine Hat, ABBus: 403-504-0550 Fax: [email protected]