Culloden and the Family Tree, 267 Years Later

Posted on March 31, 2013 by Ian Chadwick

It doesn’t begin with Culloden. History is seldom so neat and precise that a single event can be identified as the start or end of a thing. Rather, Culloden was a hinge, a point at which events changed direction, when the door to the past was closed and one to a very different future opened.

You might say it really begins centuries earlier, in the long, bitter wars between England and Scotland that trace their roots to the Norman conquerors. But that’s too vague and longwinded. It would be better to say it the introduction to the story was written at Glencoe, in 1692, when Clan MacDonald was slaughtered by their guests, the Campbells.

“Ye loyal MacDonalds, awaken! awaken!
“Why sleep ye so soundly in face of the foe?
“The clouds pass away, and the morning is breaking;
“But when will awaken the sons of Glen Coe?

“They lay down to rest with their thoughts on the morrow,
“Nor dreamt that life’s visions were -melting like snow;
“But daylight has dawned in the silence of sorrow,
“And ne’er shall awaken the Sons of Glencoe.”
from Lament for Glen Coe by Mary Maxwell Campbell

That event scattered MacDonalds around northern Scotland, and started the slow burn of anger that would erupt in the Jacobite rebellion, 50 years later.

Some of the MacDonalds fled to Glen Urquhart, Inverness-shire, after Glencoe. From there they would leave for the New World almost a century later.

But it all came to a head at Culloden, the final battle of the Jacobite uprising that had begun so well and was now about to end in that rocky, soggy field. And that’s where I’ll begin this tale.

It was a rainy day, April 16, 1746, when the Jacobite army of Bonnie Prince Charlie faced the English army under the Duke of Cumberland, across the moor at Culloden. On the left wing of the Jacobite Army were three regiments of MacDonalds – of Clanranald, Keppoch and the MacDonnells of Glengarry, all in the Duke of Perth’s division. Clan Donald had almost 1,000 men in the line, of the 7-8,000 in the Jacobite army that day.

Among them were my relatives, MacDonalds (from Clanranald, if I understand the genealogy correctly). I don’t know yet if they were direct ancestors, or outside the direct line. But they were my blood, family members standing in the cold, wet morning, waiting for the English to arrive. Their fate would eventually spin among the threads of mine, centuries later.

Across the field, among the Royal Army that arrived several hours later, was the Manchester Regiment, a group pressed and recruited form the area where my father’s family comes from. There was a Chadwick in their ranks. I don’t know if he was a relative, but it would certainly be a curious footnote in our genealogy if our family lines met there.*

Between the two lines of soldiers was a swamp, a small stream, and the boggy, soft ground of the moor that made it difficult to move rapidly across the gap. That would play out when the battle commenced. That swamp would force the Highlanders to split their line into two to avoid it. It would reduce the speed and power of the frightening Highland charge, too. Low walls surrounding fields hemmed both sides of the battlefield, further constraining the action and provided shelter for a unit of English soldiers who could safely fire on the advancing Scots.

The Highlanders had been up all night, marching towards a surprise night attack, only to be discovered and forced to return. They were discouraged, hungry, wet and tired. Some had drifted away. The rest waited for the battle to begin.

The Royal troops were fresher, but not much: they had marched 10-12 miles since before dawn to be there.

The MacDonalds must have been angry to see Campbells among the English, but their enemies were on the other wing, and could not be directly challenged. They were more attentive to local issues: a spat between Clanranald and the Glengarry MacDonalds had caused many of their soldiers to leave for home instead of marching together. Plus the MacDonalds felt slighted at having been placed on the left wing, rather than the right.

The two armies began roughly equal in size: 7-8,000 depending on your source, but the Highlander Army was already melting away by the time they clashed and may have had as few as 5,000 soldiers left. Their forces were depleted, and morale was low.

The English had more artillery (including some hefty 6-pounders), and cavalry. It also had the advantages of training, supply and consistency: all of its soldiers used the same musket and cartridge. Plus the soldiers had been fed that morning.

Both sides stood in the open for some time, neither side attacking, while the English guns pounded the Scots from a mere 300 yards away. Casualties were mounting among the Highlanders, so Prince Charles decided to attack. He sent word among his troops and most obeyed eagerly, but the centre was forced to veer right to avoid the swamp, causing a confusion of men on the right wing as they obstructed each other in their hurry to cross the gap.

On the left, the MacDonalds hesitated. Their wing was much further from the English than the right, and the ground between them softer. Their progress was slow, preventing a charge, and the English fire cut into them as they approached. Already suffering many casualties from the sustain musket fire, the MacDonalds broke when Cumberland ordered his dragoons to charge their line as it closed the gap. The left wing crumbled.

The Highlanders on the right had crashed into the English line, but couldn’t sustain their attack. Enfilading fire from their right cut into them. The English line didn’t waver. The Highlander charge started to break.

Soon they all retreated, some of the army falling back towards Inverness, while Cumberland’s dragoons pursued them mercilessly and slaughtered many. An estimated 1,000 Jacobites died, compared to perhaps 50 British (with about 300 more wounded).**

Seeing the battle was lost, Charles Edward Stuart made his escape, fleeing, hiding and eventually making his way to the Isle of Skye and from there to France. The Jacobite cause had ended.

Culloden wasn’t the end of the matter. A brutal massacre followed, with much looting and pillaging of property and cattle. Butcher Cumberland gained his nickname then.

The English were determined to break the backs of the clans, to wipe out the family loyalties and drag the Scots into what the English saw as modernity. The army swept through the Highlands after the battle, driving deep into the clan territories, soon followed by bureaucrats. They set up local overseers, changed tax and land laws, and drove the Scots from the land to make room for English nobles to farm or manage.

The Highland Clearances, as they were to be known, radically changed the face of Scotland for the next two generations. Thousands of Scots emigrated to escape the tyranny and the poverty, or were pushed off their land and had little choice but to board a ship bound for the colonies.

In early July, 1773, 27 years after Culloden, an extended family of MacDonalds – their name is spelled McDonald in later records – boarded a small, aging sloop called the Hector, at Ullapool, Loch Broom, on the western shore of Scotland. Passenger lists compiled later showed 189 Scots on board, including 16 McDonalds from Invernesshire. There were 25 single men, 33 families, a piper and their agent aboard:

Although they were not the first Scots to arrive in North America they were the vanguard of a massive wave of Scottish immigrants to arrive in what is now Canada. In the century following the landing of the Hector more than 120 ships brought nearly 20 000 people from Scotland to the port of Pictou. By 1879 more than ninety-three percent of the region’s rural property owners had Scottish names.

Head of the McDonald family on the Hector was Donald McDonald. His wife, Mary, and two children, as well as some nieces and nephews, accompanied him. John (Iain) McDonald was the other adult male McDonald onboard. He may have been the grandson of another John MacDonald, who fled from Glencoe, in 1692. A John MacDonald of that family served in the Jacobite Army under Prince Charles, but the name was common enough.

The two-week voyage instead took two and a half months, arriving in mid-September. Smallpox and dysentery killed 18 of the children on board. Food had run out. As fall approached, the Hector limped into harbour at Pictou, Cape Breton. The dispirited, hungry and seasick passengers looked at the shoreline with a mixture of despair and fear. Winter wasn’t far away and the land they had expected to occupy was still wilderness, with no arable space for crops, and no shelter. The promised free provisions for a year never materialized. It would be a hard winter for all of them.

Both McDonald men would be granted a parcel of land – 350 acres for Donald, 200 for John – along the Middle River, the next year (all of which took many years to clear). And thus the families would live, and survive, in the wilds of Nova Scotia. Others from the Hector would move to Truro or Halifax. Scots would soon arrive on other ships to take their place.

These early McDonalds were my mother’s family (although it’s difficult to trace them back before the 1850s – in 1817 there were 19 Donald McDonalds listed in the Pictou census, but I may be conflating some data). Her grandmother, Lynn McDonald, married another Scottish descendant of a more recent immigrant family, David Dunlop, in the mid-18th century, merging Highland and Lowland lines. From them came my grandmother, Jean, who would marry William Pudney, son of Sidney, an immigrant from Kent, England, who arrived in Canada with his wife about the time David and Lynn married. My own father would arrive inn 1947, from Lancashire.

While I don’t trace my ancestry back to Culloden, directly (as far as I yet know; I may learn more in future), the battle plays an important part in the family history. It was the hinge that set in motion the events – tragic as they were – that would eventually see my Scottish ancestors arrive in Canada, 240 years ago. So on April 16, I will tip a glass of whisky in memory of that day.

~~~~~

* Lieutenant Thomas Chadwick seems to have been a secret Jacobite, or at least was sympathetic to the rebels, and was later executed for it. I have only traced my father’s line back to Richard Chadwick, of Lancashire, b. 1752. Still looking for older records.

** Another historical footnote: James Wolfe was aide-de-camp for General Hawley, who led the cavalry at Culloden. Wolfe’s military career would end in 1759 as his troops were winning the battle to capture Quebec City and take the New World from the French. Canada was a thread being woven into this tale even at Culloden.

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The Dreamtime

Posted on March 29, 2013 by Ian Chadwick

Dreaming... I don’t dream very much, Susan once said to me. We were having a talk about some crazy dream I was recalling. They’re always crazy, of course. But the conversation was about whether we dream – all of us – whenever we sleep.

I argued yes, we all do. We just don’t always remember them. I remember a lot of mine, at least for a few minutes after I awake. It helps if I talk about them right away, otherwise they evaporate pretty quickly.

That’s the nature of dreaming: it’s just the random firing of neurons that activate memory, but isn’t intended to stay. Humans simply connect these unrelated memories and put them into a sequence that has some sort of narrative nature.

Dreams are, as I understand them, just the random but necessary effects of sleep in mammals. They may occur in other animals like fish, birds, etc., but I don’t really know. I suspect that old reptilian brain buried deep in our grey matter is the source. I know that my dogs and cats dream, because I’ve watched and heard them dreaming.

We dream, as I understand it, because our brains need the time to clear the buffers. Just like computers. For the same reason, we reboot our cable modems every few weeks; to clear it and reset the buffers. Humans do it nightly. Without sleep and dreams, we have simply too much “stuff” in our consciousness to handle and we’d become psychotic.

Humans find meaning in pattern, and see patterns in everything. If we can find images of Jesus in the burnt bread of a grilled cheese sandwich, it’s hardly surprising we find a story in a dream. That’s just our pareidolia. It’s how we’re built.

Last night I dreamt we were in England. London, in the summer. I was walking Keppie and Pico – our Flat-coated Retriever and Long-haired Chihuahua of 20 years ago, along the sidewalk. I was at the edge of a park (Kew Gardens?), a great green space, waiting beside the road for Susan to join us. Keppie was panting and eager, and sat down. I lifted Pico onto a low brick wall along the roadside to watch the traffic while we waited for her to arrive. She was on a bus. It came down a hill, around the corner and stopped in front of me, and I got on. Inside, it was all done in white, like our kitchen, with cupboards and cabinets. I started speaking to the passengers and found we were going to Mexico City. The bus went up a hill, and into a different city, a busy, crowded place. It stopped at a junkyard, and we got out. The dogs were gone. It was dangerous, but a man got out with us and told us it was perfectly safe. We entered a store that became a house where the owner – a young mechanic in a sleeveless T-shirt who was cleaning something – told us again it was safe and he would introduce us to people who liked Canadians. I was hot, and wanted to remove my leather motorcycle jacket, so I went into another room to do it, but my arms got tangled in the sleeves and I couldn’t get it off. The room was also almost all white. Everyone was waiting for me to come back so they could continue on. I struggled with the sleeves. Then I awoke.

Meaningful? Not likely. More like a stew of random memories. I have fond memories of Mexico, England, my (now departed) pets, and, of course, Susan. Stepen LaBerge writes:

Whether awake or asleep, the brain constructs a model of reality-consciousness from the best available sources of information. During waking, those sources are external sensory input in combination with internal contextual and motivational information. During sleep, little external information is available, so consciousness is constructed from internal sources. These include expectations derived from past experience, and motivations-wishes, such as S. Freud observed, but also fears. The resulting experiences are what we call dreams. In these terms, dreaming is perception free from external sensory constraint, while perception is dreaming constrained by sensory input-hallucinations that happen to be true.

Dreams are simply an artificial and undirected construct – a fantasy world built from random snippets of memory and associations. Any meaning we ascribe is arbitrary. Dream interpretation is, Freud be damned, mostly fraud and snake oil sold by wanna-be psychics and hucksters.

That doesn’t mean dreams don’t contain meaningful information, just that the interpretation is usually stretched or even bogus. Interpreting dreams is akin to seeing animals in clouds, or Jesus in grilled cheese. You can find a pattern if you look for it, because we’re biologically evolved to find patterns in everything, but like the “Face on Mars” we imagine more than we actually see.

As for meaningful information – there’s no magic or paranormal in any of the associations. They all have an explicable, logical source. As for my dream…

I’ve been to Mexico many times, including Mexico City and Morelia. I’ve been to England, and spent a couple of weeks in London. We recently discussed another visit there to celebrate our 30th wedding anniversary. My visit to England still resonates with me, every time we watch a BBC show – which we see far more often than we watch American TV.

My affection for dogs I enjoy every day. I recently scanned some photos of our previous dogs – including Keppie and Pico – from a box of photos I pulled out of the basement a few weeks back.

Leather jacket? One of my old motorcycle garments: we were discussing passing along or selling my bike wear when we clean the basement this spring, since I doubt I’ll ever be able to afford another bike.

The bus with the white interior? Our kitchen, renovated last year and part of my daily life, just transposed into a vehicle. Buses? probably from the recent budget deliberations. Or a memory of transit rides in England. Or more recently some trips in Toronto and Ottawa.

There’s nothing odd or paranormal in any of the images, or the memories; only when seen as a whole and you’re looking for narrative does it seem strange. What intrigues me is the mix of relatively old and new without any recognizable or logical connection. It shows me that the brain stores memories that the conscious may forget, but which can be brought to the surface any time. And that it doesn’t give a damn for coherency or narrative.

If you’re looking for meaning in your dreams, don’t look any further than your own memories. Those websites that offer to translate your baffling dreams into coherency for a “small” fee are just skinning your cash. The rest are just codswallop. Especially those that use the words “psychic” or “astrologer” with their descriptions. That’s just malarkey piled on more malarkey. There is some real psychology in dream interpretation, but not on those sites.

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Enter Christopher Marlowe – Again

Posted on March 27, 2013 by Ian Chadwick

Back in the late 1990s, I wrote an essay about the “controversy” over who actually wrote the works of Shakespeare. I wrote, then,

Not everyone agrees that Shakespeare wrote Shakespeare. The challenge to his authorship isn’t new: for the last three centuries it’s been the most popular whodunit of literature: trying to uncover the true identity of the author of the world’s greatest dramas and comedies. I can’t think of another author of note in the world who is considered not to have written the works under which his or her name is penned. Even Shakespeare’s many contemporaries are considered the author of the works under their names – Jonson, Marlowe, Fletcher, for example. But not Bill the Bard.

I don’t think of it as a controversy as much as a conspiracy theory, since, like UFOs and chemtrails, it doesn’t get any significant traction in academia. The dating of a particular play, or even if it belongs in the canon, may be controversial, but not conspiratorial.

However, it’s one of the oldest conspiracy theories, at least in the literary world (Atlantis, the Noachian flood, and Freemasonry may be older, but not literary). And I have to admit to still enjoying reading about it. This old conspiracy still has legs. Plus, it has generated serious, intellectual and scholarly debate for centuries.* It’s even become a meme, thanks to the internet.

A couple of years ago, in my endless search for books on the Bard, I picked up History Play, by Rodney Bolt (Perennial, New York, USA, 2005). I only started to read it last week. Bolt revives an old idea: that Christopher Marlowe, contemporary playwright, was the actual author of the plays attributed to William Shakespeare.

Like that of the contemporary favourite among literary conspiracy theorists, Edward de Vere, the Earl of Oxford, Marlowe’s life presents a significant challenge to explain in terms of the theory: Marlowe was murdered in 1593.

That’s twenty years before the last known works by Shakespeare were penned (Henry VIII, and Two Noble Kinsmen). de Vere, at least, died in 1604, more than a decade after Marlowe, so his supporters have a shorter time to cover.

The “solutions” for this rather uncomfortable historical fact are either that the person in question didn’t really die, but rather went into hiding and continued to write, or that he (or she in the case of those who attribute the plays to Elizabeth I) wrote them all before, and they were released sporadically after that death.

For Marlowe, it was even more inconvenient to “die” at age 29. Considering he was in university until 1587, that doesn’t leave a lot of time to write the 36-plus plays and numerous poems attributed to Shakespeare. Unless, of course, we was really alive all this time, as Bolt suggests.

Bolt overcomes this significant problem in grand fashion: Marlowe faked his own death and fled to the continent with a copy of Hollinshead’s Chronicles in his chest (Chronicles was, of course, one of Shakespeare’s prime sources). The book is full of Elizabethan spy stories – if nothing else it’s wildly entertaining.

Marlowe has been presented as the actual author of the Bard’s works since at least 1819 (this article dates it to 1895). While it’s accepted that Marlowe influenced Shakespeare, his death usually involves some rather fantastic explanation to make him stand up among the other conspirators.

The argument is generally that a “lout” like William Shakespeare had neither the education nor experience to write about such a wide range of topics as he did. Only a nobleman like de Vere and Bacon had that background. Marlowe, despite being raised in a middle-class background similar to Shakespeare’s (Marlowe\s father was a cobbler) had better tutelage and Cambridge schooling. As it says on Shakespeare-Oxford.com:***

1) It is highly unlikely that Shakespeare’s works could have been composed by the person to whom they are traditionally assigned.

2) The qualifications necessary for the true author of these works are more adequately realized in the person of Edward de Vere, 17th Earl of Oxford, than in the many other candidates proposed in the last two hundred years.

So how did Shakespeare’s name get put on them? The real, noble authors would lose face if they were identified as the authors, so they used a minor actor as their mouthpiece.** Wikipedia notes:

Reasons proposed for the use of “Shakespeare” as a pseudonym vary, usually depending upon the social status of the candidate. Aristocrats such as Derby and Oxford supposedly used pseudonyms because of a prevailing “stigma of print”, a social convention that putatively restricted their literary works to private and courtly audiences—as opposed to commercial endeavours—at the risk of social disgrace if violated. In the case of commoners, the reason was to avoid prosecution by the authorities: Bacon to avoid the consequences of advocating a more republican form of government, and Marlowe to avoid imprisonment or worse after faking his death and fleeing the country.

Savage Chickens That argument, however, doesn’t hold a lot of water since many nobles in the Elizabethan era wrote plays and poems openly, including de Vere.

It all hinges on how you perceive talent and genius. There’s a certain snobbishness in believing that one needs noble birth and university degrees to have the talent to be creative and artistic. Yet every notion we have of genius says that it belongs to individuals regardless of background, upbringing and formal education.

The argument against Shakespeare as the author overlooks simple plagiarism, too. Shakespeare’s sources are well known, and it’s clear that he lifted many of his plots, characters and settings from the works of others, even some of the dialogue. His genius lay in how he assembled them into his plays.

In Shakespeare, Invention of the Human, Harold Bloom writes:

You cannot reduce Shakespeare to any single power, of all his myriad gifts, and assert that he matters most because of that one glory. yet all his endowments issue from his extraordinary intelligence, which for comprehensiveness is unmatched, and not just among the greatest writers. The true Bardolatry stems from this recognition.

Personally, I find all of the arguments against Shakespeare flimsy and contrived. Most of the arguments in favour of alternative authors depend on a lot of circumstantial evidence, ”what-if” suppositions, and interpretations of internal “evidence” in the plays.****

The conspiracy looks for answers in the shadows and ignores those in common sight. And simply because 400-plus-year-old records are incomplete or were kept in ways different from our practices today doesn’t mean anything is wrong.

But back to Bolt. His tale is fascinating reading, and he makes it clear his belief in Marlowe’s authorship is absolute. Quotes from the plays are identified as Marlowe’s work from the first pages. Yet Bolt pulls back in his afterword and teases us by saying it is all the “purest conjecture.” Despite this, and despite the trips along what is clearly leaps of intellectual faith, what Bolt offers is entertaining and well researched, and in the end a rewarding read.

If only all conspiracy theories were so much fun to read.

~~~~~

* In his book, Contested Will, James Shapiro identifies at least 50 persons have been put forward as potential authors of the Shakespearean canon, since the notion of alternate authorship was first raised, in 1785. Wikipedia includes other dates for doubters.

** I’ve heard similar conspiracies about local blogs.

*** The site also boasts an “honor role” of skeptics who doubted Shakespeare as the author. However, simply because others believe in it, does not make it true, regardless of the perceived eminence of the skeptic. Just because some doctors smoke does not make the practice healthy or sanitary, no matter how good they are as surgeons. I cannot see any names of literary scholars or historians on the list, but there are a lot of actors.

**** I’m seldom convinced by interpretations by critics, historians and scholars that try to tell me what the author intended, thought, believed, or felt. Only the author can do that. Interpretations too often assume that what is written is not what was meant.

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Speaking with the dead

Posted on March 26, 2013 by Ian Chadwick

EVP hookum Can the dead speak to us from beyond the grave? No, of course not. But that doesn’t stop literally millions of superstitious people from believing they do. And some think they can use technology to facilitate the conversation. Of course, when you put technology into the mix, it simply cements the belief in place, no matter how ludicrous. And the internet has provided a platform for this silliness to reach worldwide.

A recent post on the BBC website made me do some investigation. The BBC story is really about EVP – Electronic Voice Phenomenon. EVP, as Wikipedia tells us, is:

…electronically generated noises that resemble speech, but are supposedly not the result of intentional voice recordings or renderings. Common sources of EVP include static, stray radio transmissions, and background noise. Recordings of EVP are often created from background sound by increasing the gain (i.e. sensitivity) of the recording equipment.
Interest in EVP surrounds claims that it is of paranormal origin, although many occurrences have had natural explanations including apophenia (finding significance in insignificant phenomena), auditory pareidolia (interpreting random sounds as voices in one’s own language), equipment artifacts, and hoaxes.

Hoaxes. Put that near the top of your list. The Skeptics’ Dictionary is more caustic, as expected:

Despite widespread belief in EVP, scientists have shown about as much interest in the phenomenon as they have in John Oates’s reverse speech theory, and probably for the same reason. We already understand priming and the power of suggestion. As Alcock says, the simplest explanation for EVP is that it is the product of our own wonderfully complex brain, aided by the strong emotional desire to make contact with the dead.

In other words, we hear what we want to hear and what we expect to hear, because our brains are designed to hunt for patterns in everything, even randomness. It’s not a picture of Jesus on your toast or your grilled cheese sandwich: That random pattern on cooked bread is just pareidolia.

I know, you’re thinking this is just another of those chemtrails or anti-vaccination idiocies that are rampant online. But these people are much further into the deep end than that. They bring in the hardware and, since few of us are electronic engineers, it sure seems to be doing something amazing. Well, it is, just not what you think it’s doing. Read on.

Browse over this report of an allegedly technical study. A causal reading would make it seem almost serious. Until, of course, you read about hooking up a “psychophone.”

Despite the belief by some, the device commonly referred to by this name wasn’t a device invented by Thomas Edison to speak to the dead; the first patented device of that name was a photograph designed to play subliminal messages while you sleep, and condition you for the next day (see here). The device referred to in the article is an electronic box; the “invention of Austrian scientist Franz Seidl for the reception of the alleged transcendental voices during his experiments with Raudive (Breakthrough pp. 362-365).” You can see more about this device here.

And what do the samples recorded on this device sound like? Take a listen here. None of those I listened to sounded anything more than electronic noise. In fact, most sounded like the old crystal radio sets of my youth; picking up bits of stations, fragments of transmissions, wrapped in that echo-y, chorus-y sound they used to make. Not a single one sounded to me like “Paul is dead,” either.

And likely that’s all they are: stray radio waves picked up by an unshielded receiver. The listeners just delude themselves into hearing something more in them. Could easily be snippets of cordless phone conversations, utility service walkie talkies, AM radio broadcasts, even cell phone calls.

As the BBC story notes,

The simplest explanation is that EVP voices are just stray radio transmissions. Usually they are so faint and masked by static interference that it’s hard to make out what they are saying, and the EVP investigator has to “interpret” them for you.

That might seem like a weakness but that’s also their power. As Joe Banks, a sound artist, points out, a dead person speaking in studio quality wouldn’t be nearly so convincing as a voice you must strain to hear.

The other giveaway in the article that they’re deep in the codswallop are the 12 references to the phase of the moon during the experiments. Wingnuts believe that the moon affects paranormal activity (not surprising since millions of them still follow astrology as if it was something more than entertainment):

Over the centuries people have associated the full moon with the paranormal and supernatural. And it would seem that the full moon phase can be a very favorable time to ghost hunt.

The new moon phase is another time people associate with ghost hunting. During a new moon, the moon rises at the same time as the sun. Because of the suns bright rays you can’t see the moon, making it really dark for ghost hunting.

But the best time to experiencing paranormal phenomena is two to three days before or after the full moon and new moon. Which would be a waxing crescent phase, the waxing gibbous phase, the waning gibbous phase, and the waning crescent phase.

I know, the words gullible and superstitious claptrap go through my head, too, when I read that stuff.

And if you can’t build yourself your own handy-dandy psychophone? No worry: just listen to your wireless router, says this guy:

As you may know, one of the theories out there is that “entities” use different frequencies that are flowing through the air around us on a constant basis in order to communicate through EVP. With that said, what else has increased in the past 10 years aside from occurrences of EVP evidence? The answer is Wi-Fi. Could they be using the unique frequency used by your every day wireless router to more easily communicate?

And I though all those little annoying voices were the sounds of pop-up ads or incoming email. So why don’t the spirits just talk to people through the air so others can hear them? One comment in this paper says they dead use radio frequency because they can “manipulate energy”:

The “departed” can somehow suppress those signals in such a fashion as to generate intelligible speech. As the machine was being tuned for the best operation, the technician was being ”guided” by voice from the other side. A most interesting arrangement…

Since there is no physical matter on their level, all they have to work with is energy. By causing the energy to flow in a vortex, it naturally achieves a focal point which allows action to occur from their level to our physical level.
The technician stated that they were still learning how to “tap the spiral” which shows that the ever tightening spiral segments increase in power as they condense toward the center or focal point.

Amazing how much pseudoscience gibberish you can pack into a couple of paragraphs. The author also mentions “13 waves, the magic number” – numerology is another form of quackery the wingnuts pursue.

Listening to the original tapes made by one of the EVP pioneers, Konstantin Raudive, author of Breakthrough, the BBC reporter was not impressed:

According to a book published at the time by Smythe’s partner, a Russian voice at that session said “Stefan is here. But you are Stefan. You do not believe me. It is not very difficult. We will teach Petrus.” But on the tape there was nothing, just hiss.

Makes you wonder why the spirits can’t speak in coherent sentences. Raudive went from loony to huckster in a very short time, sounding more like a Monty Python skit than a serious investigator:

But once you start experimenting with EVP, it’s hard to stop. After Breakthrough was published, Raudive progressed from voices captured on tape to voices coming from animals, in particular a budgerigar named Putzi, who spoke in the voice of a dead 14-year-old girl.

Who says madness isn’t contagious? Decades later, the BBC reporter adds, other EVP “researchers” are hearing dead people’s voices in animal sounds, even in creaking doors:

Similar work today is being done today by EVP researcher Brian Jones in Seattle.

He records the noises made by seagulls, dogs, cats, and even squeaky doors and crunching pebbles. They all contain voices. One dog says, “Where’s Sheila?” referring to its owner. Another complains of its owners, “they always sail away”.

Jones thinks he can capture thoughts that somehow are in the air. “I have documented a lot of things that are pretty stunning that way,” he says.

If you read down towards the bottom of this report, there are several technical comments about the construction of these “psychophones” that identify them as noise generators with oscillator circuits:

I have carefully studied the schematic of this device and built a test unit, I have noted a few things. First, not every oscillator is a radio transmitter. Second, the oscillators in this device are highly unstable circuits, and have adjustable potentiometers that will literally allow you to make it talk. By rotating the knobs you can alter pitch and cadence. As for “transcendental voices to modulate” I
have yet to see that proof. What this device will do is allow any frequency present in the audio range to modulate the carrier. Twisting the knobs will also modulate the carrier. This thing is a win/win situation. If you don’t detect an EVP, you can generate one.

So you generate what you’re looking to hear. And another comment from a different author in that paper:

These boxes are essentially synthesizers, very similar to the one invented by MOOG in the early 1960′s. In fact I have an old synthesizer here in the lab and I can make say whatever I want. It certainly is no proof of voices from the dead, although I could make it seem as such.

I had an old Moog synth back in the 1970s, and now that you mention it, it DID sound like those sound samples linked above. Maybe they should just add small piano keys to it. At the end of this piece, the above author notes:

But the truly astounding thing is I have talked to witnesses that are firmly convinced that they spoke to a dead loved one… The same results could most likely be achieved using a white noise generator, a magic 8-Ball, or a deck of Tarot cards.

In this report from the same website, it says there is a “a correlation between EVPs and EMF” which suggests to me simple feedback from the electromagnetic fields of the recording devices.

So EVP is, like the rest of the psychic, paranormal world: just more bunkum to suck in the gullible. People “hear” voices in the electronic noise because they want to believe, desperately want to believe that death isn’t the end. They want to believe we can carry our ego on to another “realm” and maintain our individual selves. That when we shuffle off this mortal coil, we wake up in another world. We willingly suspend belief in logic to avoid the alternative: that death is the end. Period.

Sorry to debunk that for you.

I suppose it’s better to have these folks glued to their “psychophones” for hours on end than engaged in some social activity. Who knows, what they might be up to if let loose.

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The Municipal Act and Recorded Votes

Posted on March 26, 2013 by Ian Chadwick

A recent motion was made to make all council votes recorded votes. This has generated some confusion among council watchers about voting and both what we can and cannot do.

The Municipal Act makes it clear that calling for a recorded vote is every councillor’s right. It is not staff’s right. See Section 246:

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).

It is usually reserved for significant items or contentious items. If every vote is recorded, we have no way of marking those. When you scan the minutes, recorded votes stand out. When they are all recorded, nothing stands out.

Keeping the vote voluntary rather than compulsory, gives each member of council the only opportunity available in law to underscore a vote he or she thinks is relevant.

It also makes us individually responsible for calling a recorded vote and for being present to be sure we do so.

The Act allows us to call it either before or immediately after a vote, so we have the opportunity to call one even after hands have been raised in a non-recorded vote. That is equally important because it give us a rare second chance to consider whether we believe the results should be recorded.

The Act does not place that responsibility on staff. Nor should we.

If an elected representative can’t decide what’s important enough for a recorded vote, then that person is doing a disservice to the role. Making every vote a recorded vote simply ‘dumbs down’ our role. I know of no community with such a requirement.

And finally, no one can “avert” a recorded vote, as one person suggested. It is an absolute right to call one, and all members at the table are required to respond when called. In fact, if you don’t respond, the Act says your refusal must be counted as a negative vote. Section 246 again:

Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

We don’t vote on a request for a recorded vote. We can’t even debate it or comment on it. It goes directly to the clerk to call. It is not a request to council, but rather to the clerk, who cannot refuse to honour it.

Easily 90% of what we vote on falls into the category of procedural voting. We vote on accepting the agenda, the correspondence, the confirmatory bylaw, on receiving every committee minutes or staff report.

There were, as I recall, thirteen votes called last night, of which twelve were unanimous. Is there some compelling or historically significant reason to know how everyone voted on, say, accepting the consent agenda? Approving the previous meeting’s minutes? Or the correspondence? Or receiving the minutes of the Elvis Festival committee? Or on adjourning?

The Municipal Act was crafted by lawyers, politicians and experts in municipal governance. It has been modified over the years after comments from its stakeholders such as municipal councils and lawyers. I have every confidence that it serves us well. I don’t think it’s the best use of our time and energies to try and rewrite it just to suit a particular political agenda.

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Clawing our way back up the ladder?

Posted on March 21, 2013 by Ian Chadwick

In 2006, Moneysense listed Collingwood as the 11th best place to live in Canada. The other ten above us on that list were all major cities. We were the number one town. Mayor Geddes beamed.

Today we’re a lot further down the list. Numero 54 to be exact, out of 200.

I wrote about that list back in 2011. We plummeted from the giddy heights of 11th place to 61st by 2008. The fall didn’t stop until we hit 94th place in 2012, in the bottom half of the 180 places listed.

Now we’re back at 54th place. I suppose that’s come consolation – a rise of 40 places up the ladder, and in the top half.

You have to take the recently released 2013 list with a rather large grain of salt. Click on the town’s name in the overall ranking list and see what comes up.

That’s right: the photo is NOT Collingwood. It’s Blue Mountain Village. Now read the amounts for average house price and average household income. Wow. We’re rich!

Or maybe not – StatsCan reported the average family income here is roughly $60,000 (or $67,000 as shown here). Our treasurer reports the average family home is about $250,000 (it’s calculated as $274,000 here).

Moneysense shows our average income as $81,499 and average house price as $331,594. Way above the figures usually accepted for this town.

You think maybe Moneysense got it – and maybe the rest of their data for Collingwood – wrong? You think maybe they’re ranking the Village under Collingwood’s name?

I look at some of those stats and wonder. rain days: 110 – almost one out of three days per year? A 7% increase in population since 2011? Where did they get those figures? Maybe they can’t tell us apart from the Village.

I think we should ask for a recount. And maybe supply some correct data and a proper photo to the magazine.

(PS. We can always take heart we’re not among the ten worst places to live – seven of which are in Quebec).

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Understanding the Municipal Act

Posted on March 21, 2013 by Ian Chadwick

Among the many pieces of legislation, bylaws and policies that guide and inform municipal councils in Ontario, the Municipal Act is the most important.* This 238-page, 140,000-word, 474-section document covers most of the things that govern municipal councils:

powers,
duties,
highways,
public utilities,
waste management,
fences and signs,
animals,
economic development,
environment, licensing,
municipal reorganization,
municipal service boards,
BIAs,
boards and committees,
integrity commissioners,
transparency,
open and in-camera meetings,
financial administration,
taxation,
fees,
bylaw enforcement,
bonusing.

…and many other topics. Clearly a document of this size and scope requires more than one reading to grasp. Some areas do not arise often during a term or may not be relevant to the particular municipality. However, every municipality needs a legal adviser and a clerk familiar with the Act.

Some sections refer to other Acts rather than providing direct guidance – conflict of interest, highways and libraries, for example.

It’s a pretty dry document, and dense enough that it’s good to have a guide to condense it, as well as a book or two or three to explain some of the more obscure or subtle points.

Before anyone serves on council, or comments on issues of municipal governance, he or she really needs to understand the Act, how it currently defines and establishes governance, as well as how it relates to other legislation. Disliking or disagreeing with a decision does not mean the process has done improperly or incorrectly.

For example, here are the roles of council as the Act stipulates:

Role of council
224. It is the role of council,
(a) to represent the public and to consider the well-being and interests of the municipality;
(b) to develop and evaluate the policies and programs of the municipality;
(c) to determine which services the municipality provides;
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
(d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
(e) to maintain the financial integrity of the municipality; and
(f) to carry out the duties of council under this or any other Act. 2001, c. 25, s. 224; 2006, c. 32, Sched. A, s. 99.

The head of council, or mayor, has two sections that define his or her responsibilities:

Role of head of council
225. It is the role of the head of council,
(a) to act as chief executive officer of the municipality;
(b) to preside over council meetings so that its business can be carried out efficiently and effectively;
(c) to provide leadership to the council;
(c.1) without limiting clause (c), to provide information and recommendations to the council with respect to the role of council described in clauses 224 (d) and (d.1);
(d) to represent the municipality at official functions; and
(e) to carry out the duties of the head of council under this or any other Act. 2001, c. 25, s. 225; 2006, c. 32, Sched. A, s. 100.

and this:

226.1 As chief executive officer of a municipality, the head of council shall,
(a) uphold and promote the purposes of the municipality;
(b) promote public involvement in the municipality’s activities;
(c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and
(d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. 2006, c. 32, Sched. A, s. 101.

Subject to some limits on individual confidentiality, council records are available to the public:

Inspection of records
253. (1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, any person may, at all reasonable times, inspect any of the records under the control of the clerk, including,
(a) by-laws and resolutions of the municipality and of its local boards;
(b) minutes and proceedings of regular, special or committee meetings of the council or local board, whether the minutes and proceedings have been adopted or not;
(c) records considered at a meeting, except those records considered during that part of a meeting that was closed to the public;
(d) the records of the council;
(e) statements of remuneration and expenses prepared under section 284. 2001, c. 25, s. 253 (1).

A recent decision in the case of a Freedom of Information Act request files in Toronto may throw into question whether emails between councillors are open to an FOI request, but this is a topic for another post.

Municipalities can create a code of conduct for councillors and members of municipal boards:

Code of conduct
223.2 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of the council of the municipality and of local boards of the municipality. 2006, c. 32, Sched. A, s. 98.

However, the MA states clearly in the next paragraph that violation of that code is not an offence:

No offence
(2) A by-law cannot provide that a member who contravenes a code of conduct is guilty of an offence. 2006, c. 32, Sched. A, s. 98.

An integrity commissioner, if appointed, may recommend the municipality apply a civil penalty if someone proves guilty of a violation:

Inquiry by Commissioner
223.4 (1) This section applies if the Commissioner conducts an inquiry under this Part,
(a) in respect of a request made by council, a member of council or a member of the public about whether a member of council or of a local board has contravened the code of conduct applicable to the member; or
(b) in respect of a request made by a local board or a member of a local board about whether a member of the local board has contravened the code of conduct applicable to the member. 2006, c. 32, Sched. A, s. 98.
<snip>
Penalties
(5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion, the member has contravened the code of conduct:
1. A reprimand.
2. Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be, for a period of up to 90 days. 2006, c. 32, Sched. A, s. 98.

Similarly, a board may impose those penalties on a violator if the municipality chooses not to do so, and the commissioner has found fault:

Same
(6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection (5) in respect of the same contravention. 2006, c. 32, Sched. A, s. 98.

A municipality can also appoint an ombudsman:

Ombudsman
223.13 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity. 2006, c. 32, Sched. A, s. 98.

However, these appointments come with a cost to the taxpayers (and there is a provincial ombudsman the public can call). Whether such appointments are effective for small municipalities is open to debate. However, regional appointments may be better and less expensive.

As raised at council, Monday, any member of council may ask for a recorded vote on any issue:

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).

I believe it is the responsibility of an elected member of council to request a recorded vote when he or she believes it is important, and that responsibility should not be put on the shoulders of staff. Also, because we vote many times every meeting – often over minor procedural matters – it diminishes the importance of a recorded vote if every vote, no mater how inconsequential, is recorded.

No one at the table can abstain from voting, and to do so is counted as a negative vote. this means the mayor must vote as any member of council, or her/his vote is treated as a negative vote:

Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

This applies to local boards and committees, as well: their chairs must vote when a vote is called or it is considered a negative vote.

Closed meetings are permitted under the following circumstances:

239. (1) Except as provided in this section, all meetings shall be open to the public. 2001, c. 25, s. 239 (1).

Exceptions
(2) A meeting or part of a meeting may be closed to the public if the subject matter being considered is,
(a) the security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including municipal or local board employees;
(c) a proposed or pending acquisition or disposition of land by the municipality or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act. 2001, c. 25, s. 239 (2).

These reasons are commonly seen on council agendas, but the Act also allows other reasons for a closed door meeting:

Other criteria
(3) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act. 2001, c. 25, s. 239 (3).
Educational or training sessions
(3.1) A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:
1. The meeting is held for the purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 2006, c. 32, Sched. A, s. 103 (1).

In general, votes cannot be made in a closed meeting unless they are specifically to give direction to staff or on a procedural matter:

Open meeting
(5) Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote. 2001, c. 25, s. 239 (5).
Exception
(6) Despite section 244, a meeting may be closed to the public during a vote if,
(a) subsection (2) or (3) permits or requires the meeting to be closed to the public; and
(b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. 2001, c. 25, s. 239 (6).

Monday, the deputy-mayor requested a staff report to explain Section 270 of the Act. This section says:

Adoption of policies
270. (1) A municipality shall adopt and maintain policies with respect to the following matters:
1. Its sale and other disposition of land.
2. Its hiring of employees.
3. Its procurement of goods and services.
4. The circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given.
5. The manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public.
6. The delegation of its powers and duties. 2006, c. 32, Sched. A, s. 113.
Policies of local boards
(2) A local board shall adopt and maintain policies with respect to the following matters:
1. Its sale and other disposition of land.
2. Its hiring of employees.
3. Its procurement of goods and services. 2006, c. 32, Sched. A, s. 113.

The Act says council MUST have a clerk, but having a CAO is entirely optional:

Clerk
228. (1) A municipality shall appoint a clerk whose duty it is,
(a) to record, without note or comment, all resolutions, decisions and other proceedings of the council;
(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question;
(c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council;
(d) to perform the other duties required under this Act or under any other Act; and
(e) to perform such other duties as are assigned by the municipality. 2001, c. 25, s. 228 (1).

Chief administrative officer
229. A municipality may appoint a chief administrative officer who shall be responsible for,
(a) exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and
(b) performing such other duties as are assigned by the municipality. 2001, c. 25, s. 229.

Similarly, a treasurer is a requirement:

Treasurer

286. (1) A municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality, including,
(a) collecting money payable to the municipality and issuing receipts for those payments;
(b) depositing all money received on behalf of the municipality in a financial institution designated by the municipality;
(c) paying all debts of the municipality and other expenditures authorized by the municipality;
(d) maintaining accurate records and accounts of the financial affairs of the municipality;
(e) providing the council with such information with respect to the financial affairs of the municipality as it requires or requests;
(f) ensuring investments of the municipality are made in compliance with the regulations made under section 418. 2001, c. 25, s. 286 (1).

Other municipal employees are hired at the discretion of the council.

The Act says “shall” 903 times, and “may” 1,036. “Shall not” appears 119 times in the Act. “Must” appears 97 times, “must not” only twice. “Shall” includes this:

Consultation
3. (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario. 2005, c. 8, s. 1.

Sometimes both shall and may appear in the same section:

Tree by-laws
135. (1) Subject to subsection (4) and without limiting sections 9, 10 and 11, a local municipality may prohibit or regulate the destruction or injuring of trees. 2006, c. 32, Sched. A, s. 71 (1).
Woodlands
(2) Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law. 2006, c. 32, Sched. A, s. 71 (1).

Factor to be considered
(5) In passing a by-law regulating or prohibiting the injuring or destruction of trees in woodlands, a municipality shall have regard to good forestry practices as defined in the Forestry Act. 2001, c. 25, s. 135 (5); 2002, c. 17, Sched. A, s. 27 (1).

So it’s important to read the Act carefully to determine whether a section presents an obligation or an option.

As for bonusing, the Act clearly states a municipality cannot do it:

ECONOMIC DEVELOPMENT SERVICES
Assistance prohibited
106. (1) Despite any Act, a municipality shall not assist directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. 2001, c. 25, s. 106 (1).
Same
(2) Without limiting subsection (1), the municipality shall not grant assistance by,
(a) giving or lending any property of the municipality, including money;
(b) guaranteeing borrowing;
(c) leasing or selling any property of the municipality at below fair market value; or
(d) giving a total or partial exemption from any levy, charge or fee. 2001, c. 25, s. 106 (2).
Exception
(3) Subsection (1) does not apply to a council exercising its authority under subsection 28 (6), (7) or (7.2) of the Planning Act or under section 365.1 of this Act. 2001, c. 25, s. 106 (3); 2002, c. 17, Sched. A, s. 23; 2006, c. 23, s. 34.

On the other hand, sections 107 and 108 describe powers the municipality has to create small business initiatives, and, in some cases, provide loans. Section 110 discusses the limited conditions under which tax exemptions can be provided.

These are just some of the items in the Municipal Act that councils and administrators have to consider in its activities, its meetings and its planning. It’s far too large to provide more than just this brief sample here. Anyone who wants to be fully informed about the nature of municipal governance should also read the Act and the the other laws and policies that guide and direct us.

~~~~~

* Others includes the Municipal Conflict of Interest Act, the Public Libraries Act, the Planning Act, the Public Inquiries Act, the Highway Traffic Act,the municipal procedural bylaw, code of conduct and more. I will deal with some of these in subsequent posts.

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