Latest news with #Magliocca
Indianapolis Star
12-08-2025
- Politics
- Indianapolis Star
Is Trump's redistricting push constitutional in Indiana? Why experts expect lawsuits
It's so far unclear if Gov. Mike Braun will call a special session to redraw the state's congressional maps mid-decade to help shore up the Republican party's U.S. House majority in the 2026 midterm elections. But is it constitutional? Experts in constitutional law and gerrymandering contacted by IndyStar said they believe mid-decade redistricting attempts would pass muster with courts. But they're expecting litigation anyway if Indiana Republicans go forward with the idea now that Vice President J.D. Vance has visited Indiana to make the case to top Republicans. "It is constitutional for states to redistrict more than once in a ten-year period, or really anytime they want to," said Gerard N. Magliocca, a law professor at Indiana University. "It's less of a legal question than just a political question: Do you think it's fair to redraw the districts purely for partisan reasons? Now look, will it be challenged? Sure." The U.S. Supreme Court established that mid-decade redistricting was allowed in a 2006 ruling in a Texas case after a 2003 redistricting attempt by Republicans there, so there's not much of a question how a federal case would go, said Shawn Donahue, a political science professor at University at Buffalo in New York who graduated from Indiana University for law school and is well-versed in Indiana politics. "Under the U.S. constitution, the (Supreme Court) has said it's not prohibited," he said. "At the state level, it's more of a novel question. A lot of states' (constitutions) are more silent on the issue." Colorado's constitution explicitly bans the practice, Donahue pointed out. In Indiana's case, it isn't so clear. The state constitution says that the Indiana General Assembly "elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts." That doesn't explicitly ban other attempts, even though former Indiana Attorney General Pamela Carter argued otherwise back in 1995. Carter wrote then that the language should be interpreted as to ban other redistricting and that the practice is "constitutionally forbidden." But Magliocca doesn't read the state constitution that way. He said the constitution prescribes what must be done — redistricting every ten years after the census — but doesn't prescribe that redistricting at any other time is out of bounds. "It doesn't speak to whether they can do it again," Magliocca said. "Someone can surely make that claim, but I don't know that the Indiana Supreme Court is going to accept that." If Indiana goes forward, lawsuits will almost certainly be filed, multiple experts told IndyStar. But they said those cases are likely to hinge around other arguments, instead of whether a mid-decade redistricting is unconstitutional. Magliocca said redrawing maps in a way that takes voters' races into account in an unacceptable way could trigger a lawsuit under the Voting Rights Act. "To the extent it's a legal question, it's more of a question of if it complies with the Voting Rights Act," Magliocca said. Another potential avenue is to argue that a redrawing of the maps for explicitly partisan purposes goes against the Indiana constitution, said retired Faegre Drinker partner Jay Yeager, who was lead counsel in a federal gerrymandering case involving Michigan. Yeager said although the U.S. Supreme Court punted on issuing an opinion on partisan gerrymandering in the 2019 case Rucho vs. Common Cause, with a majority of justices claiming they are political questions beyond the reach of federal courts, that decision left it open to state courts to do so. State cases on the topic of partisan gerrymandering have risen since the latest redistricting cycle as a result. State Court Report found at least 19 such cases nationwide, all with varying levels of success for plaintiffs arguing against partisan gerrymandering. High courts in seven states have either rejected partisan gerrymanders for violating the state constitution, such as in Alaska, or found the claims to be justiciable, such as in Ohio. Three other states have agreed with the U.S. Supreme Court saying it's ultimately a political matter and out of reach of the court. Indiana hasn't weighed in recently. "The (Supreme) Court walked away from it," Yeager said. "That doesn't meant the state courts don't have jurisdiction. That's an open door. Really what you're left with in Indiana is whether gerrymandering would be found legal under the state constitution or not." Yeager said he wouldn't be surprised if a lawsuit is filed if new maps are drawn mid-decade, though nothing is on his radar yet since nothing is certain about the prospect of redrawing maps. He said there's ample evidence that Indiana already has gerrymandered maps that lean too heavily in favor of Republicans, pointing out that Democrats control two of nine U.S. House districts in Indiana, representing 22% of the seats, even though statewide races suggest about 40% of the state's voters lean Democratic. For example, Republican statewide candidates Jim Banks and Mike Braun won with 58% and 54% of the vote, respectively, in 2024. "That (discrepancy) is a problem on its face," he said.
Calgary Herald
27-05-2025
- Politics
- Calgary Herald
Your letters for May 27: Senate numbers a tricky thing
Senate representation in Canada doesn't matter much; our Senate has no real power. Suggesting we copy the American model is ludicrous. The U.S. Senate has real power, although allowing anti-science Robert F. Kennedy Jr. to be in charge of health attests to its current impotence. Article content Article content The reality of U.S. representation is that less than 20 per cent of the population elects over half of the Senate. Wyoming, with half of Saskatchewan's population, has as much power in the Senate as California, with roughly the population of Canada. One of the principles of democracy is representation by population; each vote should have equal weight. Redistribution added three Alberta MPs for the 2025 election. Ontario has 3.3 times Alberta's population and 3.3 times the number of MPs. Albertans might appreciate having the same power as Ontario, but what about P.E.I. having the same power as Alberta, with less than four per cent of Alberta's population? Article content Article content Article content The public record initially had Magliocca adamantly proclaiming his innocence. Now he apologizes for his actions. If he had integrity, he could have taken responsibility for his actions several months ago and saved the cost of an expensive trial. Article content As a public servant with 37 years of service, I and countless others like me, had to work diligently to provide our services to the public in a trustworthy and ethical manner. The actions of Magliocca taint us all, and for that, I am deeply saddened. Article content Jerry Christensen, Calgary Article content Article content Lone Calgary MP should be in cabinet Article content Mark Carney is not my prime minister. He told me so. How, you might ask? When he did not appoint the only Calgary Liberal MP to his cabinet. But he did appoint Steven Guilbeault to cabinet. Then he did not immediately fire Guilbeault when he mouthed off, erroneously, about pipelines. Article content Article content Mr. Carney, your message has been received loud and clear. Nothing changes in political Laurentian Canada. Perhaps something will change in Alberta? I think the PM wants us to go away. Article content Terry Lauder, Calgary Article content Article content I have eagerly checked the Letters page daily, hoping someone had taken up Catherine Ford's idea of other, more relevant, referendum topics. No luck so far, but here are a few ideas: Article content The provincial government should stay out of municipal areas and repeal changes to the Local Authorities Election Act (paper ballots only, municipal parties, etc.). Article content The provincial government should support diversification of Alberta's economy, including renewable energy and battery storage options. Article content UCP MLAs who support Alberta separation should be required to resign from the caucus that promoted a 'united Canada' by introducing and passing Bill 1. Article content On the 'united Canada' front, how about suggesting our provincial government speak out against separation and work collaboratively with the federal government to resolve current issues, even look for areas of compromise? Article content
Calgary Herald
22-05-2025
- Politics
- Calgary Herald
Former Calgary councillor Joe Magliocca apologizes for filing false expense claims
Disgraced former Calgary city councillor Joe Magliocca apologized Thursday for filing false expense claims that led to his fraud conviction. Article content Article content 'I'm very sorry that these were submitted,' he told Justice Gord Wong. Article content 'I apologize to the citizens of Calgary, who I was honoured to serve for eight years. I am sorry if I have caused them to lose trust in public service,' Magliocca said. Article content Article content 'I did not set out to mislead or hurt anyone.' Article content Article content Rankin suggested a longer conditional term and told Wong that Magliocca's conduct could have justified a three- to six-month period of incarceration. Article content Sankoff had sought a six-month conditional sentence. Article content 'I'm not asking for a ridiculous sentence,' Sankoff said. Article content The lawyer took issue with Rankin's submission that there was a significant level of premeditation in Magliocca's crime. Article content Rankin noted Magliocca sought out individuals at trade fairs he attended in his role as a council member so he could get business cards and include them in expenses he later claimed. Article content 'I'm not denying there was a fraud,' Sankoff responded. Article content Article content 'But there are different types of frauds,' said the Edmonton-based lawyer, who did not act for Magliocca at trial. Article content In January, Wong convicted Magliocca of fraud over his false expense claims, but acquitted him on a charge of breach of trust. Article content Magliocca filed 19 separate expense claims in which he included the names of other politicians who attended conferences. Those individuals later denied attending meals or other functions in which the former Ward 2 council member claimed he bought food or drinks.
CBC
27-01-2025
- Politics
- CBC
Former Calgary city councillor Joe Magliocca guilty of fraud for falsifying expense claims
Social Sharing Former Calgary city councillor Joe Magliocca has been found guilty of fraud for lying on his expense claims. Magliocca was acquitted on the charge of breach of trust. In the decision issued Monday, Justice Gord Wong also issued a scathing review of sole defence witness Sean Chu's evidence, calling the Ward 4 councillor the "polar opposite" of a credible witness. Wong ruled that Magliocca added the names of various politicians to receipts, falsely claiming to have dined with them so he could submit expenses to cover the cost of food and alcohol. "This was not simply a mistake or error," said Wong. The judge found the former Ward 2 councillor "knowingly provided false information in expense claims and knew he stood to benefit." A sentencing hearing will take place in May. Appeal planned, says defence After the verdict, defence lawyer Aryan Sadat said he plans to "immediately" begin work on an appeal. "This was not a decision that we were expecting," said Sadat. "I do have instructions that we will be appealing this decision." In acquitting Magliocca of the breach of trust charge, Wong noted the offence must be associated with duties of the accused's office. "The fraud itself does not involve his position or powers," said Wong. "He did not use his position as councillor for a nefarious purpose." Magliocca was charged on Oct. 8, 2021 — 10 days before he lost his bid for a third term as Ward 2 councillor in Calgary's civic election. The judge's decision follows a two-week trial last September. Politician witnesses Court heard evidence that between 2017 and 2019, Magliocca attended several meetings as part of the Federation of Canadian Municipalities (FCM) conferences. He also attended the Carnaval de Québec. At the time, Magliocca was the City of Calgary's FCM representative. Prosecutor Aaron Rankin called about two dozen current and former politicians to testify, including Halifax Mayor Mike Savage, Ontario Liberal Leader Bonnie Crombie, Quebec cabinet minister Jonatan Julien, former Edmonton Mayor Don Iveson as well as city councillors from PEI, Toronto, Ottawa, Quebec City and Petite Riviere, Que. The Crown's witnesses each appeared in Magliocca's expense claims as having been "hosted" by him (the requirement for reimbursement) with food and alcohol during his travels. All but one of the witnesses testified they never dined with Magliocca. Chu 'evasive and defensive' Some had never met the then-councillor, some had simply exchanged business cards with him. Chu, the sole defence witness, testified he saw problematic spending by city councillors but never with his friend Magliocca. Wong described Chu as "evasive and defensive" and said he made an "attempt to mislead the court." "[It was] clear to me he had an agenda other than testifying openly and truthfully," said Wong. "I have no hesitation when coming to the conclusion that his evidence cannot be accepted." Audit, police investigation On top of the alleged hosting frauds, Wong found that Magliocca also falsified a receipt related to a hotel expense claim. At the end of a Halifax conference, Magliocca checked out his hotel but then checked into a more expensive hotel for two more nights. On his expense claim, Magliocca detailed that the stay was for "FCM director debriefing" when, in fact, there was no debriefing. An audit and subsequent police investigation were triggered after reporting in 2020 by the Calgary Herald showed Magliocca's expensed about double what other councillors claimed for their trips to the FCM conference in Quebec City. The report found Magliocca improperly claimed $5,657 in expenses. It raised questions about another $10,000. Magliocca has repaid some of that money.
Yahoo
27-01-2025
- Business
- Yahoo
In the news today: Trudeau in Poland for Auschwitz anniversary
Here is a roundup of stories from The Canadian Press designed to bring you up to speed... Trudeau in Poland for Auschwitz anniversary Prime Minister Justin Trudeau is in Krakow, Poland, where leaders from around the world are gathering to commemorate the 80th anniversary of the liberation of Auschwitz-Birkenau. The notorious Nazi extermination camp is where historians estimate more than one million people, mostly Jews, were killed during the Second World War. More than six million Jews were killed during the Holocaust. Before the ceremony, Trudeau is set to meet with Canadian Auschwitz survivors who also made the journey to Poland. This may be Trudeau's last major international trip as prime minister before the next Liberal party leader is chosen on March 9. Here's what else we're watching... Economists expect Bank of Canada to cut rate again Economic forecasts suggest the Bank of Canada will likely lower its key policy rate by a quarter of a percentage point on Wednesday in light of recent inflation and jobs data, bringing it down to three per cent. The quarter-point cut would mark a slowdown from the central bank's two previous supersized cuts. It slashed its key rate by half a percentage point in October and December as inflation hovered at or below its two per cent target. Canada's annual inflation rate fell to 1.8 per cent in December, largely on the back of the federal government's temporary GST tax break. Statistics Canada said last week that restaurant food purchases and alcohol bought from stores contributed the most to the deceleration in the overall inflation reading. Ottawa introduced a temporary pause on taxes to those items in mid-December, along with other items including children's clothing and some toys. Without the tax break, the agency said the annual inflation rate would have risen to 2.3 per cent. Verdict expected for former Calgary councillor A judge is expected to hand down his verdict today on whether a former Calgary city councillor is guilty of fraud and breach of trust. Joe Magliocca is accused of lying on travel expense claims between October 2017 and December 2019. He named politicians from across the country, including a Quebec cabinet minister, Ontario's NDP leader and the mayor of Halifax, but they testified they had never met the councillor. Concerns over Magliocca's spending were raised after an investigation found he had spent double what other Calgary councillors had at the 2019 Federation of Canadian Municipalities conference in Quebec City. Magliocca, the former councillor for Ward 2 in the city's northwest, was charged with fraud and breach of trust just days before the 2021 municipal election, in which he lost his seat. Chinese Canadians recall pandemic ridicule, racism In early 2020, Lili Wu was already "armed to the teeth" whenever she ventured to public places near her home in Port Coquitlam, B.C. — face mask, sanitizer, protective eyewear and gloves. It was more than a month before the World Health Organization's March declaration of a global pandemic that introduced most other Canadians to concepts like masking and social distancing. But for Wu and many other members of Canada's Chinese-speaking communities, the outbreak that was exploding out of Wuhan, China, did not seem like a distant problem around the start of the Lunar New Year. Almost five years on from the official start of the pandemic, Chinese Canadians are reflecting on how their early precautions were met with confusion, ridicule and hostility. But their measures, including masking and avoiding crowds, would eventually become accepted as key strategies. Prescribe exercise to older patients: researchers Bob Bursach has worked with professional athletes over the course of his career as a personal trainer — but these days, he's focused on helping seniors make exercise part of their lives. "The first thing that they notice is that (their) strength is coming back," said Bursach, who is 82 and lives in Toronto. His oldest client is a 96-year-old woman he trains twice a week. Bursach attributes his good health and youthful appearance to his near-daily workouts. He enjoys seeing his clients improving their quality of life through exercise — such as when they realize they can get up from lying down without taking his hand or using a chair for assistance. Regular physical activity is critical to improving health at any age, including people in their 80s and 90s — and doctors should be prescribing it more often to their oldest patients, a new paper published Monday in the Canadian Medical Association Journal says. Physicians sometimes worry more about the risk of injury than the benefits of exercise for seniors with chronic conditions, who are considered frail or who might be at risk of falling, said lead author Dr. Jane Thornton, Canada Research Chair in Injury Prevention and Physical Activity for Health at Western University. This report by The Canadian Press was first published Jan. 27, 2025. The Canadian Press
