Page 1

ISSUE 6 - NOV 12, 2012 obiter-dicta.ca

Submissions are due at 5 p.m. on November 17, 2012. Please send your articles to: obiterdicta@osgoode.yorku.ca

In this issue: James Bond, Alan Young, First World War, and more!

‘The Definitive Source for Osgoode News’

The art of being James Bond

CITLALLY MACIEL Staff Writer

Osgoode’s Alan Young talks pot and policy

NADIA GUO News Editor

“My first inclination that a war on drugs was folly came when I was very young, in private school studying the Bible. The very first story in Genesis, Adam and Eve, right: God decrees and orders that Adam and Eve not eat from the tree of knowledge. And what did they do? They ate. “What I take from this story is very important: It borders on arrogance for the state to believe that you can curb people from curiosity when God couldn’t do it. People cannot be prevented from exploring their minds. No state law can prevent it.” – Alan Young On November 6th, in perhaps a historic move, Colorado and Washington became the first jurisdictions in North America to legalize the recreational use of marijuana in Amendment 64 and Initiative 502, respectively. Colorado has also experienced an increasing boom in its medical marijuana industry in recent years as the movement shifts from one being advocated by youth with dreads and

B.O. to one being taken up by politicians, lawyers, and rich investors looking for the next big thing. All of this was the subject in a recent Newsweek article entitled, “The New Pot Barons: Businessmen Bank on Marijuana” (http://www.thedailybeast.com/ newsweek/2012/10/21/will-pot-baronscash-in-on-legalization.html). Additionally, The Daily Mail noted that at nearly 300 locations, there are now more marijuana dispensaries in Denver than Starbucks branches. In light of all this, I started to get excited. Were policymakers finally coming to their senses? Newsweek noted Colorado as having the developed world’s only regulated for-profit marijuana industry, with a net revenue of $200 billion a year, resulting in tens of billions of dollars in state and federal taxes. The medical marijuana market exists in a tenuous relationship with federal law, however, which still prohibits the sale of cannabis. Every level, from cultivation, to distribution, to sales, is subject to federal surveillance and inspection, and every gram is accounted for (apparently). Nevertheless, the stock prices for the three biggest » continued on pg 10

Rejoice, my fellow James Bond fans! This year marks the golden anniversary of the first film’s release. May many “shaken, not stirred” martinis be guzzled! Indeed, it was fifty years ago that the first James Bond film, Dr. No, was released. Naturally, any golden anniversary warrants a big celebration, and as far as this anniversary goes, there have been tributes galore. Firstly, the anniversary is being commemorated with the release of a Blu-ray anniversary box set containing each and every one of the 22 feature films. Yet, celebrations would not be complete without the release of another. Thus, the latest and much anticipated production, Skyfall, has been deliberately programmed for release this fall (November 9, in Canada). As if this were not enough excitement, and because true fans can never get enough of 007, a documentary has also been released. Titled Everything or Nothing: The Untold Story of James Bond, the documentary explores the making of the James Bond films from a behind-the-scenes perspective, focusing on the films’ producers, Albert R. Broccoli and Harry Saltzman, and author Ian Fleming. Accordingly, there should be plenty of Bond presence for a while. Although now written by some of Hollywood’s best screenwriters (including Golden Globe winner John Logan), the stories were initially based on Ian Fleming’s novels. According to his official website, Fleming’s inspiration for the books unquestionably derived from his experiences working as an assistant to the Director of Naval Intelligence in the Admiralty in London. Fleming wrote a total of fourteen James Bond titles, the first of which was Casino Royale, published in 1953. Dr. No, the novel on which the first film was based, was first published in 1958. » continued on pg 5


page 2

OBITERdicta

The Definitive Source for Osgoode News Osgoode Hall Law School, 0014G York University 4700 Keele Street Toronto, ON M3J 1P3 E-mail. ObiterDicta@osgoode.yorku.ca Website. www.obiter-dicta.ca Twitter. @obiterdictaoz “Reader, suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.” - Samuel Clemens (Mark Twain) Senior Editor-in-Chief: Nancy Situ Editors-in-Chief: Thomas Mastoras, Travis Weagant Business Manager: Adam Cepler Features Editor: Cass Da Re News Editor: Nadia Guo Opinions Editor: Karolina Wisniewski Arts & Culture Editor: Max Paterson Sports Editor: Andrew Cyr Staff Writers: Citlally Maciel, Jihee (Marie) Park, Daniel Styler, Angie Sheep Crossword: Emily Gray Contributors: Leanne Footman, Cecil Rotenberg Layout Editors: Julia Vizzaccaro, Devin Santos, Patricia Wood, Wendy Sun Website Editor: Ricardo Golec Articles are due at 5 p.m. on November 17, 2012. The maximum length is 1200 words. Please submit articles in Microsoft Word format to obiterdicta@ osgoode.yorku.ca. Please attach photographs separately; do not include them in your Word document. The Obiter Dicta is the official student newspaper of Osgoode Hall Law School. The opinions expressed in the articles contained herein are not necessarily those of the Obiter staff. The Obiter reserves the right to refuse any submission that is judged to be libelous or defamatory, contains personal attacks, or is discriminatory on the basis of sex, race, religion, or sexual orientation. Submissions may be edited for length and/or content. The Obiter Dicta is published biweekly during the school year, and is printed by Weller Publishing Co. Ltd.

The Obiter Dicta is a member of Canadian University Press.

monday - nov 12 - 2012

editorial

What does the American election mean for Canada? With the American election resolved and the President re-elected, the question now becomes what to expect in a second Obama term, and what its implications are for Canada. To be sure, the President retained his position decisively in the Electoral College, but won much more narrowly in the popular vote. Moreover, neither candidate campaigned seeking a broad mandate; this leaves the President and Congress with significant latitude in governing. However, governing in the present context will be a challenge. The Democrats picked up seats in the Senate, though the House of Representatives remains in Republican control. Advancing legislation in divided government is characterized by the strong likelihood of legislative gridlock. What is eminently clear, however, is the acute need to strike a budgetary bargain between Democrats and Republicans. Indeed, the looming fiscal cliff threatens to have profound, inimical effects on both the US and Canadian economies. It is slated to take roughly $600 billion dollars out of the US economy, triggering caution from various economists that this could generate a recession. Absent bold, bipartisan compromise, automatic tax increases and concurrent spending reductions will be put into effect, which poses a grave threat to the American economy and, by extension, the Canadian economy. As our largest

trading partner, an economic slowdown south of the border would have damaging repercussions on the Canadian economy. It is in the Canadian interest to see progress by Congress on budgetary and tax issues. Equally important to Canadian prosperity is the Obama administration’s receptiveness to Canadian energy. The Keystone Pipeline was an issue in the US election, championed by Republicans and generally not addressed directly by the President. On energy, the Canadian government has been seeking to diversify its markets – including in a recent trade deal with China and a prime ministerial visit to India, among other initiatives. Diversification, however, is limited by geographic reality. Canadians ought to keep a close eye on the energy policy promulgated by the Obama administration, and in particular whether a decision is made to approve the pipeline project. In short, it is an open question as to how the results of the election will affect Canadian interests. What is clear, however, is that the symbiotic economic relationship between our two countries demands conclusive action on the economic and budgetary front by the US Congress and the President. Legislative gridlock in the US would have serious, deleterious effects for Canada. We hope for broad, bipartisan compromise in the interest of continued cross-border economic prosperity.

The Obiter grows a moustache Just kidding. Newspapers can’t grow facial hair. But they can encourage it. This year, Movember returns to Osgoode in full force, with both students and faculty participating. We endorse this activity, and offer the following enticement. If you see an impressive ‘stache this month, or have one yourself, you need to do two things. First, make a donation to the Osgoode Movember team at http://ca.movember.com/team/582557.

Second, send us a picture. If your duster passes muster, your picture will be featured in our next issue, and the best Ozzie soup strainer earns a $150 donation to their Mo Space! We know there will be ruthless competition, and there is only one, very important rule. Professor Kent McNeil is hereby and forthwith disqualified from this contest. Because that’s just not fair. the OBITERdicta


page 3

student caucus

Creating a “Law Students Society of Ontario” LEANNE FOOTMAN Contributor

So what is the LSSO, and what does its existence mean to you?

On October 19, six representatives of your Legal and Literary Society and Student Caucus attended a two-day conference at Queen’s University, put on by the Queen’s Law Student Society. The conference invited representatives of student government from all six of Ontario’s law schools with a goal of creating a draft constitution for a new body – the Law Students Society of Ontario (LSSO).

The LSSO, as it is currently envisioned by the draft constitution, is:

Despite some very intense deliberations and “make or break” issues put forth by various schools, by the end of the conference we were able to unanimously ratify a draft constitution for the LSSO. Having done so, the next step is for all of the delegates present at the conference to bring the draft constitution back to their respective student bodies to discuss potential amendments and generally get student input. A “second round” of the conference is to be held in late February in Toronto. At this time the delegates will present the various results of their respective student bodies’ reviews of the constitution. It is hoped that at this time a constitution will be ratified and the LSSO will come into being so as to begin tackling the issues that pertain to the thousands of law students in Ontario.

tweets @ the editor @rickgolec: Hey, I think we should allow tweeting in court! Need to bring legal profession to 21st century, make justice accessi... bit.ly/CourtTweets

duty to warn JCR Pub Nights November 14: 80s and 90s Trivia Night, accompanied by 80s and 90s music. November 21: Open Mic night (musical and spoken word). Book Launch and Seminar Join Osgoode professor and editor Eric the OBITERdicta

An advocacy body representing students attending Ontario law schools for the purpose of articulating their needs to, and building relationships with, the member organizations that govern their professional interests, the universities administering their legal education, and government bodies. The LSSO formulates evidencebased policy that is member-driven and research-based. The LSSO is intended to connect, rather than replace, the member law societies it represents. It does not act as a substitute for student positions on other advocacy bodies. The LSSO is an inclusive, equitable, welcoming and safe organization for all individuals. The LSSO strives to be a bilingual organization, both in the composition of its council and its official communications. Essentially, the LSSO seeks to be the medium through which law students in Ontario can present a unified position (even if that position has a majority and

Tucker, and presenters Frank Luce (a York professor) and Karen Schucher (an Osgoode PhD candidate) for the launch of Property Law on Trial: Cases in Context. At issue: the case of Bell v McKay. Starts at 12:30 on Wednesday, November 14 in Room 2027. Lunch will be served. Perspective Option Session for First Years

Information

On Wednesday, November 21, learn about the first law class you actually get to choose! Hear from instructors and fellow students before choosing the course that includes your first major research paper of law school. Runs from

minority opinion) to the Law Society of Upper Canada and to government, solely on issues that pertain to law students. With the ongoing discussions on articling reform, the need for a means through which to present student feedback to the Law Society is greater than ever before. The LSSO, should it be ratified, will work to solicit student opinion on various issues pertaining to articling reform and ensure a direct line of communication to the Law Society. How can you be involved? Student Caucus will be holding a Town Hall to discuss the mandate of the LSSO and obtain student feedback on the proposed organization early next semester. Before that time, the draft constitution will be circulated to students for comments and consideration. Keep an eye out for emails with further details. In the meantime, if you have any questions or concerns, please feel free to contact me (legalandlitvpi@osgoode.yorku. ca), or Student Caucus Chair Tom Wilson (thomaswilson@osgoode.yorku.ca) with any questions or feedback you may have. Leanne Footman is the Legal and Literary Society’s Vice-President Internal and sits ex officio on Student Caucus.

12:30 to 2:00 in the Moot Court. IPOsgoode Speaker Series On November 27th, join Justice Marshall Rothstein of the Supreme Court of Canada for a presentation on the Court’s 2012 copyright decisions. Presentation takes place at 12:30 in Room 2003; lunch will be served. On the 29th, join Justice Roger T. Hughes of the Federal Court for a presentation on advocacy skills and intellectual property law. Presentation takes place at 3:30 in Room 2027. RSVP for both events at iposgoode.ca/ rsvp using event codes “Rothstein” and “Hughes.” monday - nov 12 - 2012


page 4

opinions

How’re you gonna call? JIHEE (MARIE) PARK Staff Writer Apart from the other news stories and the week of gloomy weather Sandy has presented us, her sweep across the continent has presented us with a unique question. In New York, residents whose power and cell phone reception went down had to rely on public pay phones to make important calls to keep in touch about their whereabouts and status.

nication are essential for civilized society; the particular media society utilizes for these ends depend on the means available in its day. People needed a means to communicate with specific contacts when on the move, and improvements in technology gave rise to the pay phone. It makes sense that as newer technologies come into existence previous ones fall into disuse. But is it wise to completely let them disappear? What guarantee is there that in every circumstance these newer technologies will not fail us? When they

Blockbuster and HMV: The age of the movie-rental night-in is a species near extinction. Oh the memories of walking down the aisles of shelves to physically pick a movie to watch! Eventually, even DVD machines themselves will be history. Netflix and other online providers have now become the norm. Maps: Now this one is a bit more disconcerting; map reading has always historically been an essential basic skill that any competent adult needed to know. Now, with the pinpoint reliability of GPS, we no longer read maps. We are told how to get from point A to point B with such detail that one could practically do it blindfolded. In fact, who knows what’ll happen in the near future? Cars may be programmed to be able to drive for you.

In this year of 2012, it can be unanimously accepted that many of our past technologies are obsolete, with phone booths being one of them. A CBC report stated that payphones in Ontario and Quebec would have to raise fees to $1 per call in order to continue a susLandlines: Pay phones are tainable business. one thing, but it may be that Otherwise, removal landlines are also soon to meet of payphones will their demise. With subscripcontinue, as is the tions to cell phones becoming trend in many the standard, the home phone public areas in is falling into severe disuse. the recent decade, Do you know anyone who reflecting the pubstill has a home phone? Along lic’s increasing these lines, the phonebook dependence on the would soon become someconvenience and thing of an antique of the past. efficiency of cell phones and other OBITER DICTA CONTEST OF THE WEEK: NAME TWO OBSOLETE THINGS IN THIS PICTURE. Dial-up service: Rememforms of communiber when your online access do, what will we do in the absence of a cation technologies. back-up? In this sense, the status of the had to compete with the phone line? The question here: despite their decline pay phone in our public spaces should be The demise of this one may not be due to replacement by improved technol- given some serious attention and consid- mourned in any circumstance at all. ogies, is it a good idea to simply dismiss eration, especially regarding their potentheir disappearance as natural happen- tial necessity in emergency circumstances. Fax: Faxing can be a chore; a task that would take you a couple minutes to do stance? So it becomes a matter of interest to via e-mail would take maybe half an hour Technologies such as the telephone booth investigate some of the peculiar ways to do by fax. And then there’s the issue came into existence as a response to that technologies are becoming obsolete of not knowing if it got through at all. needs of the public. Methods of commu- today. Perhaps these too should deserve at least a glancing look for their potential Buttons: Even such a basic concept of usefulness in the case that the ‘new’ fails ‘buttons’ may become obsolete, with the popularity of touch-screens spreading to us... every fathomable technological device. Personal Digital Assistants: Replaced by the multi-tasking handsets such Give it some thought. Are these things as Blackberries, and now smart- really historical curiosities, or have we phones. Palm Pilots may have been a been too quick to dismiss them? brief fad with a limited user market. monday - nov 12 - 2012

the OBITERdicta


page 5

features

James Bond in: true hostel world stories RORY MCGOVERN Contributor When I was 24 and travelling in Europe I had the displeasure of meeting a man named Bond... James Bond. He was/is a complete cunt. The events of what ended up being a most psychologically debilitating meeting, will haunt me for the rest of my adult life. The story I am about to share has been hidden in the deepest recesses of my mind, suppressed by the mechanism in my psyche which buries trauma’s bitter antagonism in order to save the mind from its cruel and unrelenting violence. The frightful details of this encounter only entered back into my consciousness after an extensive 12 hour session with a Caribbean psychic and astro-traveller.

ted against my brother and I, as well as to remind our affectionate compatriots at the table of my wit and charm. In response to my call, Mr. Bond responded with his usual bullshit stating that his name was Bond... James Bond. Temporarily stunned by the famous import of the name, the best I could come up with was a pun... on a pun. It was not witty, nor was it clever. It merely insinuated that he had bad credit and was untrustworthy by asking him if his name was backed by the ECB. A pun on my own pun... an attempt at scatological humour would have been more successful in achieving my desired end.

Queen and took to the hostel to establish his dominion over the other hostel-goers. The throne was a marvel. It had a place to hang his 007 cape, a built-in cooler, and of course, a futuristic laser beam artillery set which he had turned down to ‘low power’ to point at the people in the hostel he was constantly mocking from the elevated pulpit of his outrageous high-chair (my brother and I). As we watched our former friends romp and play in Mr. Bond’s secret-agent fun-land, my brother and I decided that diplomacy might be a good tactic.

We approached the group and suggested a joining of forces. After hearty laughs After the unnecessary mention of his sur- and aggressive wedgies, my brother and I were robbed and forced to “bus” the 007-emblazoned, Queenborrowed, mahogany tables... at My brother and I were enjoying gunpoint. Sobbing and indifthe pleasurable suds of delectaferent to the now-useless elasbly cheap and unconscionably tic band on my underpants, I strong beverages at a hostel in cleaned the table and attempted Nice. The two of us, being rather to make eye contact with some well-built and solid 7s on the of our former playmates in a ever popular 5 scale of attracdesperate and pleading attempt tiveness, were enjoying the to recapture what had started affections of many a lust-driven out to be the most wondrous female. In true Dos Equis-man of nights. As Mr. Bond noticed fashion, we warded off their this, he hurriedly called over lecherous advances with razor some of the other young men sharp wit and epigrammatic “NO, PUT THE PINE-SOL AWAY. IT’LL DAMAGE THE FINISH.” and invited them to join the genius that would shame Oscar Wilde. The effect of these charms of the name twice, all of the once comfortably festivities. As they arrived, he promptly mind was to fuel the lovely ladies’ desires static females who seemed to be locked introduced us to them as his “cleaning for the company of our minds as well as into their seats at our table, became wenches” and encouraged all of them to ambulatory and took flight into the cushy heap abuse onto us in the same manner our bodies. throws of Mr. Bond’s super encampment he had done for what must have been After bombastically ordering another on the other side of the hostel’s common over 2 hours. round for the entire table – 10 beers room. After glancing over at his Gaddafifor 6 euros – the man whose face shall like tent palace on the other side of the When the night finally ended, and we had haunt my remaining waking moments bar, all hope I had for the return of our dutifully changed the urinal pucks in the 007 edition urinal with our bare hands, approached us. With the smooth swagger once-cherished company vanished. my brother and I retired to our room. I of a spy and the alcoholic appetite of an Irish pig, Mr. Bond intercepted all 10 of Mr. Bond had brought with him to the was struck by the callousness with which the beverages and imbibed them, one by hostel a kiddie pool adorned with the 007 Mr. Bond conducted himself. As we lay one, entirely by himself. Feeling territo- emblem on the side. He had a bouncy in our bunk beds, staring straight up at rial and needing to freshly urinate on my castle full of black and silver balls with the roof, my brother sent us both to sleep zone of supreme influence, I called to the 007 emblazoned on their spherical fun- with the clever words of Mr. Bond himman and told him to give me his name ness and a supply of free liquor, the cost self: “now the whole world will know so that I might rhyme it with some crude of which far exceeded the capacity of a that you died after having scratched Mr. insult. The purpose of this was twofold: marauding student’s wallet. He sat on a Bond’s Balls.” to avenge the wrong he had commit- throne which he had borrowed from the the OBITERdicta

monday - nov 12 - 2012


page 6

news

Days to remember TRAVIS WEAGANT Editor-in-Chief Thomas, a friend of mine, once told me a story about his grandmother and Remembrance Day. Remembrance Day was first observed in the inter-war period in Great Britain. November 11th, Armistice Day, seemed a fitting day to commemorate the vast human tragedy of the Great War, and is a reminder that even the worst kind of brutal fighting can come to an end, even if it does so several years too late. Thomas’ grandmother, Ella Wilkins, graduated from business college in Montreal. She went to her local cenotaph on Armistice Day 1941, when she was 24. On that very day, she joined the Royal Canadian Air Force Women’s Division as a medical stenographer, transcribing the observations of doctors as they treated wounded soldiers. She served at Rockcliffe Air Base in Ottawa for the duration of the war. After she returned home to Fredericton in 1945, she never attended another Remembrance Day ceremony. This is why. On April 25, 1915, the Australian and New Zealand Army Corps (ANZAC) landed at Gallipoli, as part of an offensive to knock the Ottoman Empire out of the war. It didn’t work. The Ottoman forces, commanded by Mustafa Kemal himself, resisted the attack. Over the following months, the campaign claimed the lives of more than 10 000 Australians and New Zealanders. Over 61 000 Australians and 16 000 New Zealanders were killed in the war. On July 1, 1916, 800 men of the Newfoundland Regiment went “over the top” at Beaumont-Hamel in the first offensive of the Battle of the Somme. Facing an entrenched enemy that knew the attack was coming, less than 100 of them escaped death or wounds. This day is still the bloodiest day in the history of the British Army, with over 19 000 men losing their lives before noon. Every corner of the Empire suffered loss that day, but Newfoundland felt the tragedy acutely, being a colony of less than 250 000 people. Today, a bronze caribou overlooks Beaumont-Hamel, commemorating the Newfoundlanders who remain monday - nov 12 - 2012

there. Between 1914 and 1918, war killed more than 1000 Newfoundlanders and over 885 000 British. On March 10, 1915, 20 000 Indian troops attacked German positions at Neuve Chapelle. Performing admirably and recapturing 2 km of lost ground, India nonetheless felt the brutality of war. Today, a memorial stands at Neuve Chapelle, where two stone tigers stand watch over the names of 4 200 of India’s missing. Over 74 000 Indian soldiers died in the war. On February 21, 1916, the German Army attacked French forces at Verdun. The French forces stubbornly refused to give it up. General Joffre devised a system wherein a division fighting at Verdun would be replaced when one third of

THE CARIBOU AT BEAUMONT-HAMEL

its men became casualties. Under this system, 75 percent of the French Army served at Verdun during the nine-month battle. Over 350 000 of them died. More than 335 000 Germans also died in the assault. France suffered more than one million deaths as a result of the war, and Germany more than two million. On August 26, 1914, Russian forces attacked German positions near Allenstein, in East Prussia. Over the next four days, the offensive turned into a spectacular failure and saw the deaths of 78 000 Russian soldiers. The progressive collapse of the Russian economy, military leadership, and, eventually, the state itself had dire consequences. More than two million Russians died or went missing during the war. Following a bloody civil

conflict and revolution, the Soviet Union went to war again. The Second World War carried a cost of approximately 24 million military deaths, over one third of which were Russian. Scholars estimate that between armed conflict and crimes against humanity, over 13 percent of the Russian population died during the Second World War. On April 6, 1917, the United States declared war on Germany. By spring 1918, 10 000 American troops were arriving in France every single day. The inexperienced American troops suffered high casualty rates, and in less than a year of fighting more than 116 000 American soldiers died. These statistics unavoidably overwhelm. The raw figures on death in both world wars are simply too large to grasp beyond a vague understanding that they are tragic. To truly understand them, you require perspective. This is simple enough: add the 10 million military deaths from the Great War to the 24 million of its successor and you get a figure just slightly larger than 33 476 688, which was Canada’s population as of the 2011 Census. Add non-military deaths as a result of war and crimes against humanity; this more than doubles that figure, even by conservative estimates. That’s approximately equal to the entire population of France. For now, we couldn’t forget this loss of life if we tried, but, as time goes by, we cannot ever afford to forget. There is more to remembrance than just November 11. In the United Kingdom, Remembrance Sunday is the closest Sunday to the 11th, making the British day of remembrance different every year. In Australia and New Zealand, residents wear poppies on Armistice Day, just as they do in Canada and the UK. Poppies grow naturally in soil that has been recently turned, meaning that they persisted on the graves of fallen soldiers in Flanders. Canadian John McCrae’s description of this phenomenon in his poem “In Flanders Fields” reverberated throughout the British Empire after the war, and made the poppy a worldwide » continued on next page the OBITERdicta


page 7

news » continued from last page

symbol of remembrance. However, these traditions are not universal. The major day of remembrance in Australia and New Zealand is April 25 – ANZAC Day – and residents wear a rosemary sprig, an Australian national symbol. The French observe separate memorial days for both world wars, but in November they wear the bleuet (cornflower) to commemorate those that died on the Chemin des Dames, where the flower grows, in a battle in 1917. In the United States, Memorial Day is the last Monday in May, a tradition dating back to the Civil War. In Russia, the dead are remembered on May 9.

In Newfoundland, which was an independent dominion separate from Canada during both World Wars, July 1 is Memorial Day. This stands in stark contrast to the importance of July 1 for the rest of Canada. If you attend a ceremony on July 1 in Newfoundland, you will surely notice that attendees are not wearing poppies. They are wearing forget-me-nots, which grow naturally both in Newfoundland and upon the banks of the Ancre near Beaumont-Hamel. The forget-me-not symbolizes the eternal connection between these two places. Beyond even these myriad observances of remembrance, someone, somewhere, is remembering those who died in war every minute of every day of the year.

They do not do so to glorify the brutality and tragedy of armed conflict, nor do they mean to foster hatred of our former military adversaries. They do so because war has impacted their country, society, and family. While soldiers’ bravery and sacrifice are important as matters of national and familial pride, the senseless theft of their innocence and life is universally important, and must not be forgotten on any day of the year. Ella Wilkins spent her time in the military surrounded by the consequences of combat. When her family finally asked her why she did not observe Remembrance Day, she responded: “I don’t need a day to remember; I never forgot.”

Canada’s immigration policy: a kaleidoscope? CECIL ROTENBERG Contributor Canada’s immigration policy and legislation changes are taking place so fast that some people jokingly say that Immigration Minister Jason Kenney suffers from Attention Deficit Disorder. Even immigration professionals are confounded by the speed at which the immigration system is being overhauled. In the past, before changes occurred in our immigration system, there was a consultative process so that we knew in advance the proposed changes as well as the regulatory particulars by which these changes would be brought into force. As professionals, we then had a pretty good idea of what was coming. However, ever since Minister Kenney has been given very broad and Czar-like powers by Parliament, he seems to be repeatedly changing the immigration system with little, if any, consultation. One good example are the new antimarriage fraud regulations announced on October 26, 2012. In Citizenship and Immigration Canada (CIC)’s own words: “CIC has introduced amendments to the Immigration and Refugee Protection Regulations (the Regulations) which specify that spouses, common-law, or conjugal partners who are in a relationship of two years or less with their sponsor and have no children in common with their sponsor at the time of sponsorship application are subject to a [two year] period of conditional the OBITERdicta

permanent residence”. The idea is simple and borrowed from the United States and elsewhere. It partly aims to reduce the considerable number of hours spent by immigration officers poring over documentation in an attempt to determine the bona fides of marriages which are used as a basis for immigration sponsorship. Making a decision on the bona fides of a marriage is not an easy undertaking, and appeals from visa officers’ refusal decisions have taken as many as three or four days of evidence before a decision can be made. These appeals, in which I have been involved for decades, show that officers already enjoy a great deal of discretion in their decision making. Officers inquire into such private matters as the frequency of sexual intercourse, whether it is protected or not, what side of the bed the spouse sleeps on, the color of the partners’ underwear, etc. There are also more intrusive visitations by immigration officers of the spouses’ abodes searching out marital photos and other evidence. So, the system is not a perfect one. In addition, there are few doubts that there has been a large amount of fraud particularly with respect to arranged marriages that exist as part of the culture of places such as India and Cambodia. Thus, the Minister decided to issue a new kind of status to intending spouses not heretofore seen in our immigration

law: temporary permanent residence. Yet immediately concern arises because of the potential abuse by the sponsoring spouse. The temporary visa places the sponsoring spouse in a position of power and the sponsored spouse in one of vulnerability. The new regulations seem to have been aware of this potential yet real problem and have devised a mechanism to avoid that: “the condition ceases to apply in instances where there is evidence of their abuse or neglect by the sponsor.” However, it does not take much of a lawyer to see problems arising from ambiguities as to what amounts to abuse. This gives immigration officers further discretion as judges of marital problems. For example, the most obvious form of abuse is assault and that raises the question as to what constitutes assault for the purposes of the new regulations. For instance, one of my clients who had grabbed his wife’s cell phone and thrown it at her was convicted of assault with intent to commit serious bodily harm and was deported. Another possible example is where the husband becomes too zealous in his amours as against a potentially frigid partner. Does this constitute abuse? The total denial of sexual congress is justification for an annulment of the marriage, but does it constitute abuse? Moreover, is there any review from a decision of an officer, one way or another, as to whether or not there is abuse in a marriage? Also, while the parties may be living » continued on pg 9 monday - nov 12 - 2012


page 8

features

The art of being Bond » continued from page 5

Indeed, his books became so popular that, in 1961, President Kennedy told Life Magazine that From Russia with Love was one of his top ten favorite books. Fleming’s secret for success: “There is only one recipe for a bestseller. You have to get the reader to turn over the page.”

ous icon thanks to the scene where she surfaces from the sea in a white bikini. In fact, the scene was so notorious that it was loosely replicated by Halle Berry in a later Bond film, Die Another Day. Beauty aside, not all Bond girls are of equal relevance, and while many fall in love with Bond, the feeling is seldom reciprocated. Bond has, in fact, fallen in love, although tragedy always seems to inevitably follow. In On Her Majesty’s Secret Service, Bond marries Teresa di Vicenzo, played by Diana Rigg, who is later killed. In Casino Royale, he falls in love with Vesper Lynd, played by Eva Green, but she later betrays him and also dies.

nothing of the much-anticipated participation of Adele in Skyfall. On November 7, I had the opportunity to participate in a conference call with Skyfall’s director Sam Mendes, arranged by Sony Pictures Publicity, which included a number of different university newspapers from the US and Canada. It has been said that “resurrection” is James Bond’s favorite hobby. Indeed, this was one of Mendes’ goals when filming Skyfall. His ambition was to take the franchise and everything it represented and make it his own, and one way to achieve this was by mixing the classic elements of the franchise with new and modern elements. In addition, Mendes wanted to take into account what adults and children alike would like to see in a James Bond movie. At the same time, however, he did not want to be constrained by what the audience in general expected of the movie, because he wanted to push boundaries and come up with a story that was fresh.

While the books have been greatly praised, it has been the films that have made Fleming’s stories, dare I say, masterpieces. But, why is it that the films Similarly, the films’ villains come have remained so relin all sizes and shapes. It may evant and popular seem like the villains have been for these many years? slowly evolving from almost Many reasons could be monster-like prototypes to just In this article, I have argued that beautiful convened. Audiences plain human characters. Cer- women, fast cars and gadgets, exotic places, admire James Bond’s tainly, the portrayal of physically and the music, are fundamental elements many talents, fantasise of the franchise. I asked horrid characMARLOHE (SÉVÉRINE) over the ever-seductive BÉRÉNICE Mendes if budget limitaters was very AND DANIEL CRAIG (BOND) AT Bond girls, are amused THE BERLIN PREMIERE OF SKYFALL popular at the tions forced him to get rid by the eccentricity and of one of these elements, time. Hideousevilness of the villains, which one would it be and ness not only and indulge on the lavishness of the exotic gave the villain more credwhy. Mendes stated that he locations, the gadgets, and the luxury cars. ibility but, in a way, it also was confronted with this In addition, the films are blessed with excel- gave the films an amusing very same question during lent music. Even the legendary flashy open- air. The perfect example is the production of the movie ing credits constitute works of art on their Jaws, played by Richard Kiel, and even when he did not own. actually have to make a one of the favorite Bond vilchoice, if he had been in Indisputably, there is a universal attraction lains, appearing in The Spy this position, he would to all those qualities that James Bond per- who Loved Me and Moonhave gotten rid of the exotic sonifies. These qualities include both his raker. Jaws’ frightening locations (although he has astuteness and physical ability to overcome appearance was due in part never been interested in the evil, his smooth and sophisticated style that to his height, standing at cars either). Maintaining gives him a way with the ladies, and his seven feet tall, but also, most intact the nature of James audacity and fortitude to overcome obsta- importantly, his scary steel Bond and all the other cles. Nonetheless, the breadth of these quali- teeth. characters was his priority ties has been a function of the particular Te variety of exotic locations DIRECTOR SAM MENDES AT THE and so a change of location actor playing the role. James Bond has been has also made the films PARIS PREMIERE or the exclusion of sports portrayed by six different actors. Sean Con- exciting and alluring. The cars would not affect this. nery was the first, appearing in six of the first movie was filmed in Kingston, Jamaica; Despite a spoiler given by one of the partici23 movies. George Lazenby appeared only From Russia with Love was filmed in Istan- pants of the conference, listening to Mendes’ once, while Roger Moore has the highest bul, and so was Skyfall. Other great locations perspective was certainly refreshing and I number of appearances, with a total of seven include Madrid, San Francisco, Panama cannot wait to see the movie. films. Timothy Dalton was next, appearing City, Bangkok, and Rio de Janeiro. Moreon two films, followed by Pierce Brosnan, over, another exciting feature of the films has Indeed, it is not difficult to see why the franwith a total of four movies. In 2006, Brosnan been the incorporation of a number of gad- chise continues to be so successful. Good was replaced by Daniel Craig in the remake gets, including dagger shoes, passenger ejec- story lines, beautiful women, fast cars, of Casino Royale; accumulating, so far, three tor seats, revolving license plates, satellite exotic places, unforgettable music and a films. Though, in general, Sean Connery is lasers, and multipurpose Rolex watches; and James Bond that always gets the villain, are still the favorite of many. the display of astonishing vehicles, including elements that keep the fans coming back for more, film after film. About diamonds, Moreover, the franchise has included a wide Aston Martins, Audis, Bentleys, Mercury Bond once said: “hardest substance found in selection of stunning women, which has Cougars, and Jaguars. And if that were not nature. They cut glass, suggest marriages. I surely pleased a wide range of gents. The first sexy enough, the franchise has always man- supposed it replaced the dog as the girl’s best Bond girl, Ursula Andress, played Honey aged to include astounding music, including friend.” And who knows? One day diamonds Rider in Dr. No, and become an instant star. collaborations with Tina Turner, Madonna, may also be Bond’s best friend… in 10 years. Specifically, Andress was made a conspicu- Paul McCartney, and Duran Duran, to say monday - nov 12 - 2012

the OBITERdicta


page 9

arts & culture

War Horse: a rousing gallop from book to stage TRAVIS WEAGANT Editor-in-Chief

Children often find war difficult to understand, so we explain it to them by simplifying it into a “good vs. evil” narrative where two camps hate each other so much they want to kill each other. You can imagine then, how much more difficult it is to explain the more complicated aspects of armed conflict, especially when people from opposite sides don’t kill each other. Based on such a simplistic narrative, children’s understanding of the value of life and the moral consequences of killing is not developed enough to understand why a British soldier could look a German soldier in the eye, lower his rifle, and walk back to his trench without shedding any blood. Even a formidable parent or teacher would simply rather explain such things “when you’re older.”

portrayal of several horses in the production. Two performers brought Joey to life as a foal, and each adult horse had a team of three puppeteers maneuvering their giant horse puppet. The performers, who undoubtedly studied hours upon hours of real horse movement to make their mimicry so believable, produced all the movements and various horse sounds themselves. The programme credits each horse’s ensemble together, which spared any particular performers from a credit as a horse’s ass. The presence of puppeteers operating the horse characters was never distracting and they

different mother tongues speak with one another, leaving Director Marianne Elliott with the challenge of signifying what language is being spoken when, and which characters are meant to understand what is being said. Elliott opted to use accents. While this is very effective and easily understood by the audience, some of the players struggled with the accents more than others. My date mentioned having seen Patrick Galligan, who portrays German officer Friedrich Müller, in productions at the Shaw Festival, where he performed for nine seasons with distinction. Müller is perhaps the most interesting human character in War Horse and Galligan would have been captivating were it not for his laboured and distracting German accent.

That said, the stage adaptation of War Horse achieves what its original author In 1982, Michael Morpurgo made a set out to do: explain some of the comvaliant attempt at this daunting task, plexities of war to children. Ironiand succeeded. His children’s novel cally, it does this through characters War Horse tells the story of Joey, a who do not speak. While children do young thoroughbred acquired by the not always engage with complex adult Narracott family just before the First characters, it is very easy for a child to World War. When war breaks out, sympathize with an animal, and simiMr. Narracott sells Joey to the cavalry. larly easy for children to understand Unable to forget his beloved horse, the Narracotts’ son Albert enlists under- TWO BRITISH OFFICERS AND THEIR “MOUNTS” ENCOUNTER why characters in the play do as well. BARBED WIRE IN THE STAGE PRODUCTION OF WAR HORSE Thus, when German and Allied solage and sets off to France after him. diers’ love of their horses transcends Last year, Steven Spielberg brought the deserve the utmost credit for so skillfully the casual tragedy and atrocity of the war, it story to the big screen in epic fashion, but portraying characters with no lines. This is easy for a child to understand why. This this is not the only adaptation of the novel. alone made the performance worthwhile, is what makes War Horse remarkable in In 2007, Morpurgo’s book took to the stage and it was excellent overall. I do, however, all its incarnations – book, stage, and film. in London, making its way to Broadway in have one bone to pick with the director. This production was no exception. 2011, and to Toronto this year where I saw it on October 19 at the Princess of Wales The play involves British, French, and War Horse runs at the Princess of Wales German characters alike. A stage produc- Theatre until January 6. Tickets are $45theatre. tion of this type cannot benefit from sub- $130 each, with sale and rush prices availTypical of Mirvish’s popular extended-run titles, meaning that all the dialogue must able for certain performances, and are shows, War Horse was enjoyable, to say the be in English. However, there are multiple available through TicketKing at mirvish. least. Of particular interest was the unique instances where unilingual characters of com.

Canada’s immigration policy » continued from page 7

together, the quality of their cohabitation has to be assessed. The Minister has assured that Canada Border Services Agency (CBSA), which is responsible for investigating immigration law breaches, will not intrude into the homes of spouses, but frankly I do not see this being observed by CBSA because the quality of the marital residence will likely need to be assessed before a realistic decision can be made. And if CBSA does go into people’s private quarters and finds that spouses are living in separate the OBITERdicta

bedrooms, does this mean that they are still in residence together? Also, what happens to a marriage where one of the partners works out of town and comes home during the weekend? Are they still nevertheless living together even though they maintain separate addresses for five of the seven days of the week? And will a finding that they do not cohabit affect the officer’s decision under the new regulations? In conclusion, it may very well be that the Minister has written off a lot of overseas responsibility and replaced it

on the heads of inland officers with the new regulations. Will these regulations deter marriage fraud? Not likely, because some professionals, many of whom are unscrupulous, will find ways to circumvent the new marriage law, to confound CIC, and provide ways in which to falsely demonstrate compliance with the new residential requirements of marriage. Cecil Rotenberg, QC (Osgoode Class of ‘59), is a senior Toronto immigration lawyer. monday - nov 12 - 2012


page 10

features

Extended feature: pot and policy with Alan Young » continued from cover

manufacturing companies (HEMP, Inc., Medical Marijuana, Inc., and GrowLife, Inc.) have seen sharp spikes as the election draws nearer. Now that recreational use is also legal in Colorado and Washington State, it remains to be seen how the discrepancy between federal law and state law will play out. It should be a reminder to optimists that DEA raids on compassion clubs (organizations that provide cannabis to sick people) took place in California over the course of this last year despite the clubs being legal under California law. Regardless, amidst all this momentum, I started to wonder about legalization in the Canadian context. We were once known to our southern neighbours as the country with the more progressive pot laws, where “BC Bud” was a source of pride and joy for some, and we were well on our way to decriminalization under the Liberals a few years ago. Stephen Harper put an end to that by reigniting the war on drugs, refusing to reintroduce the decriminalization bill, and instead tabled legislation like Bill C-10 (the Safe Streets and Communities Act), which set new mandatory minimum sentences for possession, cultivation and trafficking. I was surprised that jurisdictions within a country seen as much more conservative than our own was going to be the first in North America to legalize, and this made me feel a little embarrassed for us and our government, given the fact that 70% of the Canadian population supports either the decriminalization or legalization of cannabis. Bearing all these questions in mind, I decided to approach someone with wellversed knowledge and experience in terms of marijuana law reform in Canada: Professor Alan Young. I first heard of him in connection with Bedford v Canada, the bawdy house/ prostitution case that will be up in front of the Supremes soon. Having only recently been aware of his achievements in the propot movement, including his contributions in legalizing marijuana for patient use, as well as getting the judiciary to declare that weed was relatively harmless compared to tobacco and alcohol, I was looking forward to getting to speak to someone who was making such monumental progress in what are arguably controversial areas. The night before the interview, I stayed up late watching Alan Young on YouTube lecture about trying to smoke banana peels as a kid monday - nov 12 - 2012

before moving onto pot, the drudgery of our working lives, spiritual enlightenment, and the stupidity behind prohibition. I almost couldn’t believe someone so cool and laidback taught at my law school. Obiter Dicta (OD): Hi. Wow. I’m a big fan of your work. Alan Young (AY): Thank you. OD: So let’s begin with a little background information about your past work with trying to legalize pot. The courts have been at a bit of a standstill since Malmo-Levine; what do you think the next step is? AY: My initial foray into using the Charter as a tool of law reform was not to win cases. The Charter wasn’t ready yet. It was to change public opinion. Look at the headlines in 1997, when we had our decision: They all picked up on the factual assertions of the judges – “Marijuana is relatively harmless” – that’s what fuelled the last ten years of accelerating the law reform campaign and led to a great expansion of cannabis use in Canada. It sort of normalized it. We couldn’t quite achieve it in the courts, for complicated reasons in the evolution of the Charter, but it all started there. The case was called Malmo-Levine, unfortunately, but the actual case was Clay, on which I was lead counsel. MalmoLevine and Caine followed along. I did all the work and research. By the time it got to the Supreme Court of Canada, I was erased from the equation because my dad was in the hospital. I couldn’t attend. The whole thing got shifted to David [MalmoLevine]. He’s an interesting guy, an activist. He didn’t hurt the case, but he didn’t help the case. When you’re dealing with selfrepresented pot users, a lot of them aren’t realistic about what people will accept and not accept. David just wanted to get really high and make his presentation, and the last thing he said was, by the way, I was really high and I bet you didn’t know, and I said to him: “that’s the worst strategy possible, you’re just going to alienate them and make them feel stupid. They’re not going to be impressed by you being articulate when you’re high,” so I don’t think it helped that I wasn’t there.

AY: They had to say, in order to resolve the constitutional challenge before them, that there was no threshold of harm that Parliament had to meet before they enacted an offence, and I think that’s politically the stupidest thing I’ve ever heard. Whether or not courts should be supervising public policy is a political question, but to say that there is no ceiling and no floor when it comes to enacting a criminal law? I was shocked when I read that judgment – they’re talking about paternalism and seatbelt laws in the context of putting people in jail? For life? It was a horrible, horrible disaster, that case. It got worse with each level going up, and I lost a lot of respect for the Court. OD: I’ve heard you say that you don’t trust politicians, which is why you take to the courts. AY: That was my forum, yes. That’s where I can influence people. OD: So what do you think the options are now that there has been a standstill at the courts, and in light of the passing of Bill C-10 earlier this year? AY: There’s very little left to achieve through litigation strategies to get to marijuana decriminalization. And the only strategy still remaining is the one I used for a while, which was to effect law reform on the backs of sick people. Because of the deficiencies in the medical program with Harper, we’re rebounding to the validity of the criminal law. I won’t do that anymore. I want to litigate to improve the medical program, not to use it as a wedge to get to decriminalization. I just don’t feel comfortable anymore. But ultimately, with very limited options in

But the case simply could not succeed because we were asking the court to do more than they were prepared to do. OD: Right, so they said that ultimately it was up to Parliament to make the choice to decriminalize or not? Across

» continued on next page

last week`s crossword

1 2

G

M O

M E

Z

3

N

5

S

7

T

V

E

8

R

O

B

I

9

M 4A

H

P

A

M P

R

L

N

P

I

O

S

H

I

R

B

S

C

A

N

16

C

H

I

14

D

22

S

T

O

K

T

E

N

I

P

X

O

T

L

D

R

T 21

J

O 24

G

E

Y

C

G

L

O

R

M 12

E

S

N 17

S

W 15

H

C

A

E R

U N 19

R

E T

N B

U

R

20

R

T

O

A

Y

26

K

N

I 23

D

H

E

U

R A

11

I E

18

S

T A

N 13

E T

E 10

6

E

T

C C

25

E

T

R

I

I

C I

27

S

T

R

E

A

T

T

2) Mortia's husband [GOMEZ] 3) Side dish to accompany bangers [MASH] 7) What Buffy slayed [VAMPIRES] 8) Batman's sidekick [ROBIN] 10) Sabrina's pet [SALEM]

Down

the OBITERdicta

1) Dr. Frankenstein made one of these [MONSTER] 4) Something you bob for [APPLES] 5) Blonde Marx Brother [HARPO] 6) Midler of "Hocus Pocus" [BETTE] 9) Dobrev of the "Vampire Diaries" [NINA]


page 11

features » continued from last page

court, we have to wait out this government. And it’s not the end of the world, because, you know, depending on any alternative that emerges in the next few years, it’s an easy sell to governments, when you have a government that’s not ideological. We’re talking somewhere in the vicinity of $11 billion in tax revenue. We’re running big deficits after all those stimulus packages. This is how gambling got legalized; this is how pot will get legalized. OD: Earlier this summer, Conservative health minister Leona Aglukkaq spoke about reforming the medical marijuana program, which involved eliminating personal growers and having all medicinal product manufactured by industrial growers instead. Ottawa is expected to unveil these reforms in 2014. Could you comment on these changes, and perhaps the possible constitutional challenges that will arise? AY: It’s a complicated story. The current program was doomed to failure from its inception. I’ve successfully challenged the current program twice, and each time Health Canada’s response was literally disrespectful to the court order. They did the bare minimum to comply with the court order, and it really is undercutting the order. I was tired of going to court and these cases take a long time. There’s no money behind any of this. So I had a client who had a lot of money, wanted to be a big producer; he had a doctor and wanted to run a clinic. And I said, okay, I’ve finally got someone who has some resources. I took him to Health Canada to run the pitch, spoke to them about how dysfunctional their program has been, not because of their bad program, but it was just playing out in a bad way. Hydro problems, diversion problems, just a lot of different issues. OD: What about the issue that they only cultivate one strain? AY: That too. I was part of the thing with [activist Marc] Emery; we created the idea of overthrowing the government. Initially we wanted to have 4-5000 production licenses, like, “Look, everyone’s growing!” but I didn’t know how greedy people would be, and how people would not comply with municipal bylaws for electrical safety. You can grow pot very safely but you can also make a disaster of it. So the police, hydro, the fire – everyone’s against the program. I went to Health Canada with a proposal. They liked it. And it’s ultimately what they’ve the OBITERdicta

chosen: to license four or five producers, and strip people of the right to grow for themselves, which is constitutionally problematic, and strip designated producers to grow for patients, which won’t be constitutionally problematic. And, the devils in the details. They’ve been delayed over six months in coming up with the new regulations. If new regulations for licensing dealers are relaxed and accommodating to pot as a unique product, people will be able to get in the door; we might have some good growers. If they use the same program for licensing dealers for pharmaceuticals, no one’s getting in. I’ve spoken with most of the people, they don’t have the resources, the wherewithal – the security requirements are just astronomical. So I’ve tried a little bit to get to the right people. This is happening, there’s no turning back on this. My interest is in good producers. I want sick people to have good quality medicine. I even tried to convince Bedrocan, the Dutch company that grows for their national program, to come here. But I honestly have not seen anybody come forward that the government wants to deal with. And I think part of the delay with the program is that no one’s going to meet their regulations. I’ll give them six months, and then I’ll attack them again for setting up a program doomed to failure. Prairie Plant Systems (PPS) [the current and only supplier to Health Canada] was supposed to be the solution, but consistently, only 20% of patients bought from PPS, and that’s never going to change because PPS has a bad reputation, whether founded or unfounded: they’re seen as “the government.” No one wants to buy from them, so the government realized that they couldn’t restrict people’s ability to grow if they can’t liberally access it from the government. Everything always turns on the dysfunction and the effectiveness of the government to create some sort of s. 7 and s. 20(1) remedy. OD: Why is Health Canada having such a huge issue in finding growers to meet their standards, while the medical marijuana industry flourishes in Colorado, Washington, and California? Surely, there must be companies lining up to offer tenders. AY: Be careful about what you read in the press. Yes, there is a proliferation in certain parts of the US, but some of it is very exaggerated. There’re a fair amount of dispensaries in Denver, but they take into account the number of licenses given,

not the number of dispensaries open. To think of the United States as an ideal model is completely wrong because they also have the enormous problem of fighting the federal government, who still apply their laws onto the states. The dispensary system in California, Colorado, they really operate at the indulgence of the federal government. The situation is very precarious. I don’t like it much. Now, in terms of Health Canada, it’s a very different type of program. I can only give you a personal opinion: Health Canada was directed to create and manage a program. They’re largely a reactive agency that makes their career out of approving pharmaceutical company applications for new drugs. They don’t do anything on their own initiative – they simply are the handmaidens of the regulated industry. What happens is that they don’t want to do this. It’s a very simple lesson. Don’t impose a program on a department that really doesn’t want to do it. They’re also getting a mixed message from the government: do not relax the program too much because we have to maintain our criminal prohibition simultaneously. If we make the program too lax and liberal and open it undercuts all the claims we make about the harms of marijuana. It must be seen as somewhat extraordinary in order for them to maintain their stupid criminal prohibition. Two things came together: a reluctant bureaucracy, and a government that wanted to make sure the medical program was sending out a political message while at the same time trying to cater to sick people. Ultimately, it couldn’t do both. OD: In the States, they have these concerns of maintaining prohibition as well, but you could arguably say that more patients are able to access marijuana due to the more lax restrictions on setting up dispensaries. AY: That’s because there’re 50 states that have their own penal codes and penal policies. There are 11 states that have decriminalized since the 1970s – there are pockets in the United States that seem very liberal in their drug policies, but it’s more symbolic than real because of their federal law. The federal government also has jurisdiction over trafficking laws, which is seen as an interstate law. It’s not as if these 11 states are going to change anything. It’s the same thing with the medical program. Obama, when he was elected, indicated that he was going to change the policies of » continued on next page monday - nov 12 - 2012


page 12

features

Extended feature: pot and policy with Alan Young

» continued from last page

the DEA towards state medical marijuana programs. Then he backed off, and there were raids in California. They don’t happen frequently, and often don’t result in convictions. But everything that exists in the United States exists on a precarious foundation. So yeah, maybe right now, Denver looks cool. Next year it may not be so. OD: Are there compassion clubs in Toronto? AY: Yeah, I helped set up eight of them. OD: So do they get their supply from Health Canada? AY: No, they exist in a grey area of legality. OD: How does Health Canada distribute? AY: Since 2001, they’ve had a distribution policy; the good news is that they sell at $5 a gram, undercutting the black market. The bad news is that people don’t like the product very much. In 1998, a whole bunch of young people came to see me about an influx of compassion clubs in Southwestern Ontario. Most of them were fly-by-night operations and didn’t last. The two clubs that started with me in Toronto, Cannabis as Living Medicine (CALM) and Toronto Compassion Club, have lasted and are quite large. We’re talking about membership of roughly 5000 patients each; maybe 30-40% of those patients have Health Canada authorization, the rest have doctor’s letters confirming their illness.

The good news is that they check that the product is clean because it’s coming from a dedicated grower, but they continue to use black market prices. Compassion clubs are not selling cannabis at a price that I think is reasonable for patients. But the bigger problem is obviously that marijuana is still illegal for growers, whether they’re dedicated to the club to grow or not. Some of the growers have been arrested, so it’s very hard to convince growers to supply the clubs. OD: But some of the growers have licenses. Why are they still getting arrested? AY: The licenses are limited, and they only allow someone to grow for a few patients. OD: Why doesn’t Health Canada put its products into pharmacies or have dispensaries of its own? AY: Because it’s an unapproved drug. Under the Food and Drug Act, only drugs that have drug identification numbers and have gone through the four stages of approval can be sold in pharmacies. OD: That’s ironic that there’s OxyContin in the pharmacies but we somehow can’t put marijuana in there. AY: Yeah, yeah I know. There are a lot of anomalies and paradoxes, and the truth is that marijuana still remains both medically and recreationally one of the safest products on the planet. That’s what’s so bizarre

about all of this.

There are really sad aspects of this. Everyone thinks it’s sort of a joke. Because marijuana is still a prohibited substance, the impact of it is that it’s very hard to access research into its rehabilitative purposes. What saddens me is not the fact that I know that marijuana and cannabinoids are really valuable substances – it’s what I’ve been doing for ten years; I’ve seen it and read all the studies – what really saddens me is that at least seven studies in seven different jurisdictions from very reputable institutions have found that cannabinoids are effective in reducing tumours. Now I’m not the sort of person to say, “Oh my god, there’s some kind of panacea for cancer out there,” but it’s unbelievable that one of the greatest scourges of modern living is that cannabis is not being researched with government funds when we know that it reduces tumours. That is just a pathetic side effect of prohibition. I’ve represented many people who have died from cancer; the studies are out there, and government isn’t jumping. OD: Would you say that the lack of research into the medical qualities of marijuana and patients’ lack of access to it pose a bigger a problem than legalizing it? AY: No, the medical potentialities for marijuana are not fully known. There’s just » continued on next page

I’ve had success in protecting clubs from prosecution because there are no gains for the government, as long as the clubs operate discreetly and only cater to a medical population. Having said that, CALM was raided roughly two years ago, and is awaiting a Superior Court trial, a major constitutional challenge to the current medical program, and, by default, to the criminal law too. But I can’t say too much more about it; I’m involved in the periphery. One of the flaws of the compassion programs run by private citizens, generally young people, is that they tend to have dedicated growers, simply because that would be the only way to get the price below the black market price. A very high percentage of people who purchase from compassion centres are on disability; they are very sick, and money is in short order. One of the failures after roughly 15 years of doing this has been the fact that the clubs have to use black market growers and traffickers. monday - nov 12 - 2012

© 2012 Cassels Brock & Blackwell LLP. All rights reserved. | 416 869 5300

Cassels Brock 2012/2013 season

Obiter Dicta student ad “Doodle - Resolve Disputes” 4B Prestige, b&w

Contact: Heather Murray hmurray@casselsbrock.com 416 869 5782 - fax 416 642 7137

Please PRINT a hard copy of the file and either FAX it or SCAN and EMAIL it back to me, thanks!

the OBITERdicta


page 13

news » continued from last page

the potential. The greatest injustice remains that a lot of people end up being intertwined in the criminal justice system for getting high. That is an injustice in and of itself. If there was some direct or indirect implication on society at large for other people aside from users themselves to be harmed, then I would say yeah, we should be more strict about it. But both professionally and historically, this is an inane policy. It just clutters up criminal justice. Criminal justice is already ineffective; we don’t need to add more problems to it. OD: Why do you think the Harper government is so opposed to legalization or even decriminalization? AY: It’s ideology, and it’s based on the same facts that would turn anyone into a fairly rabid prohibitionist. He obviously had somebody, friend or family, that had a bad experience with pot. It’s as simple as that,

and then you extrapolate from that, thinking it’s going to destroy the youth of Canada, and then you believe it, because this is not an evidence-based government. I’m sure 60% of those sitting in government would change the law with a free vote. There’s a small pocket of people who believe drugs, including pot, are the downfall for the Western civilization, but it is a minority point of view. Few people do have bad experiences with pot, whether it’s the panic reaction from the THC, or they’ve become so chronic that they’re actually just kind of losers – that does happen. But for the majority, this is not the case. OD: What are your current initiatives concerning the legalization movement? Are you just pursuing the medical front? AY: It’s unclear. I don’t see any value in approaching this current government. I’ve brought four or five constitutional challenges to improving the medical program. I’m not really certain what the

next direction is politically. Chances are I will end up in court. I’m kind of tired of doing it. I tried to disconnect from the pot world after last year because I’m just so tired of it, but talking to you has kind of gotten me interested in it again. I do have a conference call with some leaders from National Organization for the Reform of Marijuana Laws (NORML) next week addressing this issue again, but it is unclear at this point where it is going. OD: Well, that is good to hear. We do need people to keep advocating for this, and what you do is very admirable. Alan, I’d like to thank you so much for lending us the time to get to hear your insight on this cause. Alan Young is an Associate Professor at Osgoode, the Co-Founder and Director of Osgoode’s Innocence Project, and counsel in the Bedford case awaiting its hearing before the Supreme Court of Canada.

Québec student leader to appeal contempt of court verdict ERIN HUDSON CUP Québec Bureau Chief MONTREAL (CUP) — On Nov. 2, Gabriel Nadeau-Dubois, former spokesperson for the Coalition large de l’Association pour une Solidarité Syndicale Étudiante (CLASSÉ), announced his decision to appeal the guilty verdict handed down the day before by Judge Denis Jacques. Jacques declared him guilty of contempt of court, stating that he encouraged students during the student strike last semester to disobey an injunction filed by student Jean-François Morasse against students picketing classes at Université Laval. The guilty verdict was based off a statement made by Nadeau-Dubois in a television interview in the midst of the student conflict: “We find it legitimate that people take the means necessary to uphold the strike and if that means picketing, we believe that is legitimate to do.”

he said.

expressed by thousands of others,” he said.

He also noted the irony of the situation emphasizing the adoption of Bill 78, or Law 12, only weeks later that cancelled injunctions.

Though ASSÉ, CLASSÉ’s base organization, has announced its “unfailing support” for Nadeau-Dubois, the organization will not be paying his legal fees. Donations will be collected online for Nadeau-Dubois so as not to exhaust the organization’s coffers and free resources for the other students who face legal fees from the student strike.

Nadeau-Dubois could face prison time, fines up to $5,000 or community service for his offence. The sentence is to be handed down

So far, Nadeau-Dubois has collected $74,000 to offset the costs of legal fees. In an effort to show their solidarity, about 200 demonstrators marched the streets of downtown Montreal, Thursday night, in protest of the guilty verdict. Demonstrator Wina Forget views the decision as unjust. “There are politicians accused of stealing hundreds and hundreds of dollars, getting away with next to nothing,” said Forget. “Whereas a young student who led a noble struggle finds himself in a courtroom with the threat of prison and high fines to pay.”

In a press conference held GABRIEL NADEAU-DUBOIS AND JEANNE REYNOLDS, CLASSÉ SPOKESPEOPLE, on the morning of Nov. 2, SPEAK TO REPORTERS (PHOTO BY SARAH DESHAIES/CUP) Nadeau-Dubois told media Forget also cast doubt to the that his message was for partiality of Jacques. next week. students to continue fighting for accessible education — not anarchy. “For me in 2012, in Quebec, [this decision] is “We know that in [2004] the judge was a “My words last May were not mine — they a precedent that cannot be allowed to stand. Liberal candidate and we see clearly that [he] were the words of the thousands of students We cannot accept that people still have to has political convictions for a certain party who were fighting against the tuition hike,” defend their political views even if they are — completely unacceptable for a judge,” she added.

the OBITERdicta

monday - nov 12 - 2012


page 14

sports

Pigskin predictions ANDREW CYR Sports Editor

and the New York Giants wrap up the division title.

As the temperatures drop and the days get shorter, many people’s thoughts shift to the splendor of fall foliage, changes in their wardrobe, and the inevitable approach of winter (and exams). For me, however, the cold, crisp, autumn air means just one thing. It’s football season. Yes – the majestic matchups of gridiron gladiators are undoubtedly my favorite part of the season (particularly in the absence of that ice sport that I seem to have vague memories of).

NFC South

Osgoode gets into the spirit every fall with the The Osgoode Touch Football League. OTFL playoffs wrapped up earlier this month, with the Bull Sharks winning the championship after a hard-fought season.

The story in the NFC South has to start with the powerhouse Atlanta Falcons who are the last remaining undefeated team in the league and show no signs of slowing down. Each of the Buccaneers, Saints, and Panthers have begun to turn things around after a combined 2-10 start. It’s too late for any of them to catch up in this race though, and the Atlanta Falcons will run away with the division. NFC West This division is trending in the opposite direction as the NFC East, as the group of perennial also-rans is putting together some

AFC East The New England Patriots remain light-years ahead of the rest of this division. The Miami Dolphins have been surprisingly strong this year, relying on an underrated defense, however they do not have the firepower to catch the Pats. The Jets and Bills, meanwhile, have major problems on both sides of the ball that prevent them from becoming contenders. The New England Patriots win this division easily, and the Dolphins fall just short of the playoffs. AFC South The most complete team in the AFC is likely the Houston Texans, who are head-andshoulders above the rest of this division. While the Jacksonville Jaguars and Tennessee Titans each have a long way to go to catch up, the Indianapolis Colts have shown tremendous promise. The Colts, led by first overall draft pick Andrew Luck (my selection for rookie of the year), are in a good position to earn a wildcard playoff spot, but the division championship will remain with the Houston Texans.

While the OTFL has wrapped up, the NFL season has just passed the midseason point, and many teams are gearing up for the playoff race. I personally have an unhealthy obsession with the NFL and spend 10-15 hours per week setting my fantasy football lineup (if you are not familiar with fantasy sports, just let me AFC West assure you that it is not as perverted as it sounds). As Peyton Manning’s arrival a result, I assume everyin Denver has completely one would love to hear changed the landscape my opinion as to how the in this division, and The remainder of the season is Sherriff only seems to be CAN MAT T RYAN’S FALCONS EXORCISE THE DEMONS OF PLAYOFFS PAST? going to shake up. Intergetting better. The result ested? No? Too bad, I’m is a Denver Broncos team going to tell you anyway (division champion that appears poised to capture a second solid seasons, largely due to strong defensive predictions are in bold). units across the board. The division remains consecutive division title. The San Diego NFC North tight, but it is likely that last year’s confer- Chargers appear to be moving backwards, ence finalists, the San Francisco 49ers, will largely due to Philip Rivers’ regression, and Perhaps the best division in football, the end up with the division crown, though the the Oakland Raiders and Kansas City Chiefs NFC North features the swarming defense Seattle Seahawks remain a good bet for a have issues on both offense and defense that of the Chicago Bears and the unstoppa- wild card spot. will prevent them from taking the next step. ble offense of the Green Bay Packers. The There you have it. Of course, the NFL is Minnesota Vikings are falling behind after AFC North extremely predictable (sarcasm) so there is a surprisingly strong start, and the Detroit A division with a reputation for smash now no need to watch any football for the Lions vaunted offense is spinning its tires. This division will likely produce two play- mouth football has largely changed its per- rest of the season and you can concentrate off teams, but I am going with the Chicago sona, as the formerly defensively-oriented on studying the rest of the way. You’re welBaltimore Ravens and Pittsburgh Steelers come. Bears as division winner. rely on high-powered offenses to win footNFC East ball games. Last year’s Cinderella season You want my playoff predictions? Of course will remain a fairy tale for the Cincinnati you don’t, but here they come! This formerly elite division has lost a lot of Bengals as they will miss the playoffs, and its allure as none of the Cowboys, Eagles, the Cleveland Browns have a long way to go AFC Conference Championship: Houston and Redskins seem to pack much punch before competing with the big boys in this Texans over Denver Broncos these days. The defending champion New division. In a race that will remain tight to NFC Conference Championship: Atlanta York Giants, however, remain among the the end, I predict the Pittsburgh Steelers Falcons over Chicago Bears league’s elite teams, despite Eli Manning’s to come out on top, though Baltimore will Super Bowl: Atlanta Falcons over Houston recent struggles. I predict that Eli gets his claim a wild card spot. Texans act together in the season’s remaining weeks, monday - nov 12 - 2012

the OBITERdicta


page 15

arts & culture

Alternative ways to “learn” the law: trial advocacy RICARDO GOLEC Website Editor I really like procrastinating. A lot. In fact, I’m doing it right now. In order to feel less bad about it, I’ve endeavoured this year to try to rationalize my procrastination by way of increasingly hare-brained schemes to “learn” by not learning. Obviously I’ve had varying degrees of success. I’ve hit a breakthrough, and I’d like to share this epiphany with those of you still reading (and maybe with those not reading, too): video games.

There are a number of cases to try your hand at, and each lets you visit the crime scene, intimidate opposing counsel, and use sign language to encourage your client to “lie like a dog.” It’s wholesome like that.

ACE AT TORNEY: IT’S PUN-TASTIC!

“But Ricardo,” you say, barely veiling your bewilderment, “that’s not a casebook! It’s not required reading for [insert class here]!” “Exactly”, I respond, doing a much better job at masking my own bewilderment, “that’s the point!” But wait, don’t go yet; hear me out! I’m definitely not proposing video games as a substitute for course work (wink). And I’m definitely not proposing just any ol’ game – it needs to be a particular kind of game, one that seems to enhance your legal experience in some arguably rational way. I prefer to look at these types of games as “experienceenhancers” because, once you’re committed to not doing schoolwork, it all comes down to how you feel about your chosen method of procrastination. When you procrastinate by playing one of these games, you feel less shitty than you would if you spent the last 2 hours on tvtropes.org (sigh). And, let’s face it; we’re all going to procrastinate sooner or later, so why not feel better about it at least! So without further ado, let’s jump into the training level: trial advocacy. The Basics Phoenix Wright, Ace Attorney (Capcom, 2005) App Store Link: bit.ly/AceAttorney Do you love exclamation marks? Are you a fan of puns? Do you love trial ad but think all that “law” and “rules” stuff gets in the way? Then stop reading and get this game now! In Ace Attorney, you (ironically) play the role of a young lawyer on his first case – a murder trial. You’ll go through an examination-inthe OBITERdicta

chief, examine all of the evidence submitted by the prosecution, and cross-examine witnesses to put it all together and impeach their testimony. It’s very exciting once you get into the zone and there are a lot of exclamation marks along the way to get you to that stage. The whole game is very tongue-in-cheek and doesn’t take itself very seriously at all, but that’s not the point anyways.

The highlight of each case is finding that one piece of evidence that completely contradicts what the witness said in his or her testimony, portrayed very enthusiastically with an allcaps “OBJECTION!” scrawled across the screen. It’s silly, sure, but engaging. So, what do you learn? Nothing! Weren’t you paying attention? You probably shouldn’t repeat Mr. Wright’s courtroom antics in your trial ad small group sessions (if you do it, be sure to let me know what happens). Remember: the point with games like this isn’t to learn but to feel better about not learning. Ace Attorney gives you that feeling in spades. And hey, maybe that helps with confidence or something like that. Or not.

in the 21st century. As you win more and more cases, you earn money and recognition (hooray!), and even get sweet perks from some clients. I currently walk into court with a monocle, hypnotist’s pendulum, and a gold cane, but there’s still plenty more options to accessorize yourself and your apartment to boost your Materialism, Decadence, and Vanity scores. I’m obviously pining for max vanity. While Ace Attorney is arguably just a fancy choose-your-own-adventure game, Devil’s Attorney is a slick strategy game at its roots. DA is just as tongue-in-cheek and hilarious as Ace Attorney, and has the added benefit of being fully voiced. This makes the mandatory battle of wits between opposing counsel at the beginning of each case all the more fun to watch. During each trial, both sides alternate taking shots at each other with skills like “Tamper with Evidence” or, my favourite, “Patronize.” The goal is to “knock out” each of the prosecution’s witnesses and discredit all the evidence before the jury just gives up and decides your client is guilty. There are a lot of close calls – you really have to earn your success. Some witnesses and prosecutors have special skills that complicate things a little bit more, but it’s really quite easy to get into. After a couple of rounds, you’ll be undermining the game’s fictional justice system like it’s second nature. As an added bonus, DA is also available for Android devices. This is the game your droid was looking for!

Does this game teach you anything? DEVIL’S AT TORNEY: NOT YOUR Hahaha, no. But you GRANDDADDY’S COURTROOM SIMULATOR are definitely having Advanced Cross-Examination fun and feeling badass while procrastinating, Devil’s Attorney (1337 Game Design, 2012) so what does that matter? Take it from me – you may have merely adopted App Store Link: bit.ly/DevilsAttorney procrastination, but I was born in it. Once you’ve conquered the courtroom So, I hope this goes without saying: don’t procedure and drama of Ace Attorney, take either of these games seriously but do it’s time to graduate onto bigger and have fun with them. Questionable legal wilder things. Devil’s Attorney isn’t your ethics and tactics aside, they can be very granddaddy’s courtroom simulator. good time-fillers between classes that at least You start the game as small-town lawyer stay marginally law-related. And as far as Max McMann, with $700 to your name and a procrastination goes, that’s nothing to shake client who was selling bootlegged VHS tapes a stick at. monday - nov 12 - 2012


page 16

crossword BY: EMILY GRAY 1 2

3

4

5 6 7 8 9

10

11

12 13

14

15

17

16

18

19

20

21 22

23 24 25 26

27

monday - nov 12 - 2012

Across 1) Zilch 4) Place for exercising 5) Surname of Fred and Wilma 6) A short snooze 7) Anna Wintour’s publication 9) Container for flowers 10) Jamaican spice 11) Scottish clothing item 13) Persia 17) Looking glass 19) Prohibition on trade 20) They’re magically delicious 22) Finished a book 23) Lionel Hutz’ occupation 24) Press, as in a shirt 26) Drink with rum and mint 27) Adam’s partner Down 1) “The Social _____” (2010 film) 2) Famous district in Seoul 3) Pumpkin-based desert 4) First book of the Old Testament 5) Mattress supporter 8) Snitches get ______ 12) Fee collected by the government 14) Hot Chocolate 15) Sun locale 16) Disney princess from under the sea 18) “The Lion King” villain 21) What a teetotaller doesn’t drink 25) 2012 Best Actress winner

the OBITERdicta

November 12 2012 - Issue #6  

Obiter Dicta is the official student paper of Osgoode Hal Law School.