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A CASINO NEAR POINT ST. CHARLES?
The Gazette
June 23, 2005

 
Protesters sound off at Loto-Quebec offices in the Point yesterday.
CREDIT: PIERRE OBENDRAUF, THE GAZETTE

A casino near Point St. Charles?
Unroll the red carpet for drug traffickers, loan sharks and prostitutes while you're at it, angry residents complained yesterday.
"This is unacceptable," said Marcel Sevigny, a member of Table Action-Gardien de Point St. Charles, a residents group opposed to the casino project.
"It would devastate our neighbourhood."
Sevigny, a former borough councillor, lives a 20-minute walk from the Peel Basin, the location Loto-Quebec has targeted for the new casino complex.
More crimes were reported at the current site of the Montreal Casino, on Ile Notre Dame, than in any other area on Montreal Island, Le Devoir reported yesterday, citing 2004 police statistics.
Point St. Charles is already grappling with drug dealing and prostitution, Sevigny said. In a district where 50 per cent of families are considered to be living in poverty, the arrival of a casino would only worsen these problems, he added.
A petition opposing the casino move has already been circulating in the neighbourhood for two weeks and has gathered at least 1,000 signatures.
Residents were also to meet last night at St. Columba House, a community organization affiliated with the United Church, to determine how to fight Loto-Quebec's project.
Confronted with this wave of criticism, the city's executive committee member responsible for public security urged the public to be patient.
"I'm always afraid when people come in half an hour after a project is announced and have signatures and say they're against it," Georges Bosse said at a news conference yesterday.
The city will organize a task force, including representatives of the police force and the fire department, to study the impact of moving the casino, he said.
The results of those meetings are to go to the executive committee by 2006, at which point public consultations would be held.
Some residents were already expressing discontent, however.
"Mothers of the neighbourhood are really not happy with this," said Michele Anthony, 39, who works at Famille Action, a community organization.
"They could build a museum there, a sports complex or a soccer field," said Anthony, who was born and raised in the Point and is the mother of three teenagers.
Over the years, Anthony said, she's seen her neighbourhood slide deeper into poverty.
Though Loto-Quebec argues the project would create more than 6,000 jobs, Anthony said the gambling problems it would create would outweigh the benefits.
"People were always hoping to win some money fast," she said.
"Now with a casino so close, they will try to win big."
Real-estate speculation also worries Anthony. "It's going to squeeze us out."
adobrota@thegazette.canwest.com
© The Gazette (Montreal) 2005



Financial needs make principles a luxury

Perhaps the same could be said about the Montreal Gazette. I have often said that they won't have anything negative to say about Loto-Quebec endeavours. The proof is in today's Gazette a 2 page complete centre fold in colour showing the proposed new casino and window dressing (good partners). A picture that had been carried in other newspapers as a part of the handout from the press conference on Wednesday became a high revenue ad.  
 

Financial needs make principles a luxury
 The Gazette
June 25, 2005

No matter how much social good sense it makes to oppose the move of the Montreal Casino to the Peel Basin, it's become pretty clear the Charest government has made up its mind the move is going to happen, one way or another. It would be nice to act on principle alone, but the government has evidently taken a cold-blooded look at the state of the public purse and decided Quebec needs the money.
It would not be all that wrong. Quebecers appear determined to continue to live the social-program lifestyle to which they have become accustomed. It's easier to say, "Well, if you want to save money, just cut bureaucratic waste instead." But an 18-month review of civil-service operations by the Charest government found the Quebec public administration to be much leaner than the provincial Liberal Party had said it was during the 2003 election campaign. At any rate, civil servants account for only 96,500 of 536,100 people on the public payroll. The others are doctors, nurses, teachers and other health and education employees. The actual civil service, a metaphor for government itself, isn't the bloated whale it is often made out to be.
The same is true of other provinces, and yet Quebecers have the highest tax burden in the country. Why? Because it's not the number of bureaucrats that matters so much as the number of social programs they administer, and how much those programs cost.
At least, that's the spending side of the story. On the revenue side, there are similar differences between Quebec and other jurisdictions that help explain the tight fiscal squeeze we're in.
Sometimes it's hard to see ourselves as others see us. For instance, by Quebec standards, it's shocking for us to note that fully 10 per cent of the Swedish national budget is devoted to paying people for sick days, which is conceivably one big reason the average Swede is off sick from work 32 days a year, compared with seven in Quebec.
But that's their problem, not ours. But if we reverse the exercise and look for "anomolies" in Quebec from the point of view of, say, France, we can see that Quebec suffers fiscally from having no hybrid private-public health system (as least not in the European sense) and that bridges and roads are a net expense for taxpayers in Quebec, rather than a net revenue generator. In France, virtually all inter-city highways are toll roads. They're like VLTs.
The recent Supreme Court judgment opening up a role for private medical insurance in Quebec might actually be a fiscal godsend for the Quebec taxpayer, if not for champions of traditional medicare. The proposed casino move, in the face of such strong opposition, should at least tell us something about the fragility of Quebec's public finances.
The Liberals have actually done a fair job plugging leaks in the province's fiscal dam and keeping Quebec out of deficit.
But there would be no need to move the casino downtown if the leaks had not become truly serious. That's why Quebec needs to start doing a few big things much differently on the revenue and spending side. Rather than try to remake the state, we should reframe the essential challenge as one of simply recalibrating our fiscal policy.
© The Gazette (Montreal) 2005


Minister not ready to okay casino move

'It could have negative consequences'. Loto-Quebec says $1.2-billion complex in Peel Basin would attract tourist cash

KEVIN DOUGHERTY
The Gazette
Saturday, June 25, 2005

Economic Development Minister Claude Bechard says there will be no automatic green light for the $1.2-billion project to build a new casino, a permanent Montreal home for the Cirque du Soleil and a luxury hotel near the hard-pressed Point St. Charles district.
"At first look, it is not a bad project, but it could have negative consequences," Bechard conceded on his way to a cabinet meeting Thursday.
"We should look at all the aspects, all the consequences," he added."I won't say 'Yes' right away or 'No,' either."
Loto-Quebec, the government's gambling monopoly, has asked the Cirque du Soleil to plan the project, which calls for moving the Montreal Casino from Ile Notre Dame to the Peel Basin and building a 2,500-seat theatre.
A private-sector partner would put up a 300-room hotel on the site.
Cirque du Soleil will not invest its own money for the project, which is slated to create more than 6,000 jobs.
Organizations working with problem gamblers point out that when Loto-Quebec got into the casino business, its stated aim was to attract tourists to Montreal.
In fact, most of the existing casino's customers are lower-income Montrealers.
Point St. Charles residents are concerned the new casino will foster prostitution and criminality in their neighbourhood.
Loto-Quebec says its new approach, with the added draw of the Cirque du Soleil, will make the dream of attracting high-income tourists a reality.
But opponents point out underprivileged residents of Point St. Charles will probably feel the negative impact of a new casino nearby.
Junior Health Minister Margaret Delisle is to look into the social and public-health aspects of the proposal.
Bechard, as chairperson of the cabinet committee on economic development, will examine its economic impact.
"Any project of this size requires that we ask questions," he said.
"That is what we are going to do."
Pierre Morrissette, of RESO, the Regroupement pour le relance economique et social du Sud-Ouest, said aside from the problem gambling and crime threats, the project could bring training and jobs to Point St. Charles residents.
"We have a lot of questions," Morrissette said, adding RESO will press Loto-Quebec for answers and will consult with local residents this fall.
Asked about the impact on Point St. Charles residents, Bechard said the location is Loto-Quebec's call.
"We can't stop Loto-Quebec from having projects," he said. "If they didn't have projects, maybe we would have to ask questions."
Loto-Quebec expects cabinet approval by early next year and plans to open its new casino in 2010 or 2011.
kdougherty@thegazette.canwest.com
© The Gazette (Montreal) 2005


Missing Saguenay man was gambling in Montreal

The Gazette
Saturday, June 25, 2005

A man who disappeared from his Saguenay home was found eight days later gambling in Montreal.
This, an addiction counsellor says, is a good example of the extreme behaviour of people hooked on betting.
Martin Julien, 29, was reported missing on June 14. His bank statements show he last took out money from an automated teller in the Montreal Casino.
On Wednesday, a friend of Julien found him doing volunteer work at a St. Antoine St. establishment.
Julien is suicidal, his parents said, and they feared the worst.
"It's not unusual for gambling addicts to be suicidal," said Mary Major, president of Mary's Recovery, an addiction centre in Westmount.
"When people see no hope of recovery, suicide looks like a good option.
"It's like going to sleep."
A gambling habit is one of the hardest addictions to kick, Major said - so much so, some addiction counsellors see gambling addicts as lost causes.
The burnout rate for such counsellors is extremely high, Major said.
"It's just not fulfilling. They try their hardest to help the addict, but (gambling) has such a hold on the person, it's almost impossible to help."
Nine of out 10 people who come to her with a gambling addiction don't show up again, she noted. "People train themselves to believe in some kind of a dream of riches."
The Canada Safety Council has no hard figures on gambling-related suicides, because numbers are hard to come by. But it estimates that each year, more than 200 Canadians kill themselves because of gambling.
© The Gazette (Montreal) 2005



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
On Thursday January 20, 2005 at 9:30 A.M. at the Palais de Justice in Quebec City, Justice Gratien Duchesne will meet with all lawyers involved in the class-action law suit of Jean Brochu VS. Loto-Quebec All participants of the legal teams are scheduled to appear at that time in order to establish a calender for trial to proceed. The law firm of Garneau, Verdon, Michaud, Samson will represent M. Brochu while lawyers from the firm of Heenan Blaikie Aubut will represent Loto-Quebec. Lawyers from the law firms, Ogilvie Renault, Sasken Martineau and Fraser, Milner and Casgrain representing the interests of Spielo Manufacturing Inc., Video Lottery Consultants Inc. and WMS Gaming Inc. will also be in attendance. Newsflash will always have the latest developments.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
Lawyers for the defense have asked the Quebec Appeals Court to overturn 17 objections that were previously overruled by Justice Deschenes. There are 17 points which the defense alleges were wrongly overruled. This motion will obviously delay the previously announced date both sides were to have appeared before Justice Deschene to establish a calendar for proceedings.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
Gratien Duchesnes, the judge in the class-action suit has asked the lawyers on both sides to appear before him on November 7, 2003 in order to set a calendar to proceed with the trial.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
Re: the Class-action lawsuit on behalf of Jean Brochu VS. Loto-Quebec.
The attorneys for Loto-Quebec have filed a request to subpoena two manufacturers of Video Lottery Terminals, one from Illinois and one from Montana alleging that it is the manufacturers who would be responsible to install warnings and not the lottery corporation. This request would necessitate delaying proceedings and Justice Gratien Duchesne will rule on this request on Friday August 29, 2003. It is anticipated that in the immediate future a calender will be presented on how and when this case will proceed.

Re: the addition of an advisor to the law firm of Garneau, Verdon, Michaud, Samson.
The honourable Justice Claire L’Heureux Dube, who retired last year from the Supreme Court of Canada, will be returning as a consultant to the firm of which she was one of the founding members 30 years ago. Mme. L’Heureux Dube will be consultant in the class-action suit as well as in other cases the firm is involved in.
Lawyers for Jean Brochu have not objected to request by Loto-Quebec's lawyers to subpoena two U.S. video lottery terminal manufacturers. They have 45 days delay during which they will do so. Subsequently a calendar will be set up with the trial expected to proceed early in 2004. Justice Gratien Duchesnes, last Friday, cautioned both legal teams to not discuss the case with the media. Newsflash will always have the latest developments.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
Lawyers from the Law Firm, Ogilvie Renault representing the interests of Speilo Manufacturing are examining testimony from Jean Brochu on June 25,26 and 27 2003. Speilo manufactures VLTs that were purchased by Loto-Quebec. The defence team had originally attempted to delay this process into the autumn, but the judge denied them this opportunity. Following the conclusion of this testimony, the two sides will meet to set up an agenda so that the trial can proceed with minimum delay.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
The class-action suit launched by Jean Brochu on behalf of 119 000 Quebecers who became pathological gamblers because of the lack of safeguards on VLTs took a giant step forward this morning. (February 20,2003.)
Lawyers for Loto-Quebec had appealed the judgement handed down by Justice Gratien Duchesne on January 10, 2003. This morning Justice France Thibault of the Court of Appeals of Quebec dismissed the appeal with costs. The two sides will meet with Justice Duchesnes on February 24, 2003 in an attempt to draft a calender and to set a date for trial.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
In a 53 page judgement dated January 13, 2003 Justice Gratien Duchesne retained the majority of the allegations made against Loto-Quebec. Also retained was the $119 million claimed as exemplary damages.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
The judge listened to arguments from the defense all day on the 13th of November as to allegations they want stricken from the lawsuit because they were irrelevant.
Me. Michaud defended these allegations on the 14th. The judge will render a decision on what will or will not be admissable between now and December 16, 2002.
On December 16, 2002 the judge wants to meet with the two sides to set a date for trial preferably in January or February 2003.
The only thing that could stall things is if Loto-Quebec lawyers don't like the decision and appeal it. That could stall the case for a year. But, they would still come in front of the same judge even if it is postponed for a year. I feel very optimistic from what I saw and heard in court on those two days.



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC (con't)
On Friday August 2, 2002 the final documents were filed regarding the class action suit against Loto-Quebec on behalf of Jean Brochu and 119 000 other compulsive gamblers. The number of compulsive gamblers was arrived at by accepting the figures of Pauline Marois who admitted that there were 125, 000 compulsive gamblers in Quebec. 95% of people presenting for therapy appear to be dependent on VLTs, thus the figure, 119 000.

I personally think that the number is underestimated. A Loto-Quebec spokesperson said that 1 in 10 Quebecers played a VLT during the year 2000. That would equate to 700 000 people based on an adult population of 7 million. A study done by Montreal Public Health found that 43% of VLT players were problematic. That would indicate 300 000 gamblers adversely affected by VLTs in Quebec. Notwithstanding, the class action suit is asking for the following minimum amounts to allow VLT victims to seek treatment for gambling dependency:

INDIVIDUAL COST
DESCRIPTION
CLAIM
$2,800
Cost of Individual Therapy (30 days)
$ 333 200 000
$500
Psychological Follow-up
$ 59 500 000
$500
Fees for Medical Expertise
$ 59 500 000
$963
Loss of Salary during Treatment ($7/hr * 32hr/wk * 4.3wks)
$ 114 597 000
$100
Miscellaneous Expenses (Parking, Transportation, etc.)
$ 11 900 000
$4,863
TOTAL
$ 578 697 000

In addition the suit asks for exemplary damages of $1 000 per person ($119 000 000) to create a Foundation which would fund research, prevention programs and treatment for gamblers who become dependent on VLTs.

The preliminary hearing is scheduled to take place in the Superior Court at Quebec City on the 13, & 14 of November 2002. Justice Gratien Duchesnes will hear the case.

Any further questions may be addressed to sol@vivaconsulting.com.

Sol Boxenbaum, (CEO)
Viva Consulting Family Life Inc.
(514) 486 6226



THE CLASS ACTION SUIT AGAINST LOTO-QUEBEC HAS BEEN AUTHORIZED
Version Francais
Quebec, May 6th, 2002 - Justice Roger Banford of the Superior Court has authorized a Quebec city lawyer, attorney Jean Brochu, to take a class action against Loto-Quebec on behalf of the people who, since 1993, have developed a pathological gambling habit when using the video-lottery terminals, property of Loto-Quebec.

Some 125 000 Quebecers are affected by this decision. Loto-Quebec could be compelled to pay these gamblers more than 625$ millions worth of damages.

Justice Roger Banford of the Superior Court has recognized the seriousness of Jean Brochu's claim against Loto-Quebec.

Quebec city attorneys, GARNEAU VERDON MICHAUD SAMSON, claim that Loto-Quebec, the Quebec Government representative, knew or should have known since a very long time that the video-lottery terminals it owns and operates in all corners of the Province of Quebec, are dangerous because they create a pathological dependancy leading the users to the worst disasters, even to suicide.

Justice Roger Banford summarizes this serious debate, enhanced by this class action, as follows :
a) each and every member of the group is a pathological gambler and therefore touched by this disorder;
b) each member of the group suffers from this sickness because of the respondant's fault;
c) each member of the group is entitled to the payment of a compensation still to be quantified;
d) the extra-contractual liability of the respondant :
a) Has the respondant a responsibility to warn the users?
b) If so, has he fulfilled this responsibility?

The Quebec city attorneys, GARNEAU VERDON MICHAUD SAMSON, with the assistance of Le Fonds d'aide aux Recours collectifs, represents the applicant Jean Brochu in this class action.
The claim issued by the pathological gamblers is for the reimbursment of the fees incured in seeking help such as therapy, medical treatments and legal fees, needed to regain their dignity and their job.
This class action benefits all pathological gamblers who, since 1993, have developed their dependancy when using Loto-Quebec video-lottery terminals without having been properly warned against the dangers inherent to these gambling machines.

Legal notices will be published in most of the Quebec media, as requested by the Superior court judgement.
Last March 12th, the recently nominated president of Loto-Quebec, Gaétan Frigon, recognized the problems generated by these video-lottery terminals. Mr Frigon has promised to attack this social plague without delay and do all within his power to protect their users. On March 15th, the Régie des alcools, des courses et des jeux declared a moratorium concerning the issuance of permits to operate video-lottery terminals, thus expressly recognizing the problems linked to these terminals.

In this context, the mandate Loto-Quebec has given to their attorneys, the firm Heenan Blaikie, to contest this class action, arguing that the video-lottery terminals are not dangerous is quite astonishing, is it not?

Source : Garneau, Verdon, Michaud, Samson, barristers and sollicitors Quebec City
Telephone : (418) 692-3010
Fax : (418) 692-1742
E-mail : gvm@qc.aira.com



VLT Law Suit
Any person living in the province of Quebec between 1993 and the present date who has become affected negatively by VLT machines may be eligible to take part in a class action suit against Loto-Quebec. Please send the names and phone numbers to:

Telephone (418) 692-3010
Roger Garneau
La société d'avocats
Garneau, Verdon, Michaud, Samson, SENC
67, Rue Sainte-Ursule,
Québec, QC
G1R 4E7
Fax 418 692 1742

E mail gvm@qc.aira.com Or contact viva@vivaconsulting.com



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