RSS FeedFollow-up: Reply Letter from Foreign Affairs Minister regarding Omar Khadr
On July 15, I posted a letter that I had written to Prime Minister Stephen Harper regarding Omar Khadr’s continued detention at Guantanamo Bay, Cuba.
The letter was signed by myself and 10 other law students.
On September 16, 2008, I received a reply letter from the Prime Minister’s Office indicating that the letter would be passed along to the Minister of Foreign Affairs who would “certainly be interested in [our] views” regarding Omar Khadr.
I looked upon that letter as a Prime Ministerial brush off. I thought it would be the end of the matter.
To the government’s credit, I today received a follow-up letter from The Honorable David Emerson, Minister of Foreign Affairs.
The entire text of the letter is reproduced below:
September 24, 2008.
Dear Mr. Gridin and Co-signatories:
The office of the Right Honourable Stephen Harper, Prime Minister, has forwarded to me on September 16, 2008, a copy of your letter (Folder: 664583) concerning the case of Mr. Omar Khadr, Canadian citizen detained at the U.S. military prison at Guantanamo Bay, Cuba.
I understand your concerns and I can assure you that the Government of Canada has an interest in Mr. Khadr’s case and in his treatment. Canadian observers have been present at his hearings before the Military Commission in Guantanamo Bay and the Court of Military Commission Review in Washington D.C. Furthermore, officials of Foreign Affairs and International Trade Canada have carried out several visits with Mr. Khadr and will continue to do so. The visits allow access to Mr. Khadr to assess his welfare and treatment, and to obtain information about his mental and physical condition.
Although Mr. Khadr is no longer a juvenile, he was 15 years old when he was alleged to have committed crimes in Afhanistan. Canada has sought to ensure that the treatment of Mr. Khadr is consistent with internationally recognized norms and standards for the treatment of juvenile offenders, and that his age at the time the alleged events occurred is considered in all parts of the process. Canada has also consistently sought to ensure that Mr. Khadr receives the benefits of due process, including access to Canadian counsel of his choice. The Canadian government has received unequivocal assurances from U.S. authorities that Mr. Khadr will not be subject to the death penalty, and indeed the charges against him were referred to the Military Commission on a non-capital basis.
In keeping with Canada’s long-standing policy, the Canadian government strongly believes that the fight against terrorism must be carried out in compliance with international law, including established standards of human rights and due process.
With respect to Mr. Khard’s repatriation to Canada, it is premature to discuss this issue since his case is still before the courts.
Thank you for taking the time to write and share your concerns.
Sincerely,
[sgd]
The Honourable David L. Emerson, P.C., M.P.
While I do appreciate the reply from Mr. Emerson, I do not accept that the government is doing enough.
Omar Khadr has been in detention for 6 years. The “several visits” during this period to check up on his well being are virtually meaningless. He has been the victim of serious psychological and possibly physical abuse at the hands of his captors.
The extreme isolation of growing up inside a military prison is unimaginable. Omar Khadr’s development from a child to an adult has been stifled, and at this point, it is unlikely that he will ever be a normal, adjusted individual.
The assurances of due process are also hollow. Omar Khadr is being tried by a kangaroo court, in proceedings that have been the subject of problems and numerous complaints. Most recently, a military prosecutor at the Guantanamo Bay tribunals resigned over “ethical qualms.”
Lt. Col. Darrel Vandeveld quit, allegedly after the government withheld exculpatory evidence from the defence.
The U.S. government denies this allegation. But internal documents obtained by the Associated Press indicate that Col Vandeveld declared to the tribunal that that “potentially exculpatory evidence has not been provided.”
He is the fourth prosecutor to quit.
In the Khadr case specifically, there have been claims that the government “manufactured evidence” against the accused.
The culture of secrecy and political implications of this case are reasons why ultimately, the military tribunal is not the appropriate forum to hear Omar Khadr’s case. Mr. Khadr needs to be repatriated to Canada immediately to face trial at home. This should be a trial subject to Canadian legal protocols and consistent with the values that we hold dear, including those enshrined in the Charter of Rights and Freedoms.
Law students across the country are organizing to put further pressure on the government on this issue. Stay tuned for more.
Which Lawyers Should Get an iPhone?
Jeff Richardson of Adams and Reese, LLP writes on the ABA Techshow,
I don’t recommend an iPhone to all lawyers. Many don’t need a smart phone — just a simple flip phone will do. Others never use anything but e-mail and want a physical keyboard, and for them I say just get a Blackberry. But for any lawyer that wants an advanced smartphone, the iPhone is now simply the best in class.
He describes some of the features of the new iPhone, and how it can be useful for some lawyers.
Social Networks Pay Money for Lawyers
Social networks are picking up, and lawyers are noticing.
The Legal Marketing Association published a paper recently emphasized that junior associates involved in social networking might be bringing a large client base with them.
When you hire someone, you hire his or her network.
One of the more popular business networks is LinkedIn. The Wisconsin Law Journal describes a few lawyers that have used it effectively.
In my experience, LinkedIn has been a very effective and efficient network-building tool, and it can be very useful for attorneys. But it does require some effort on your part, because you have to be actively engaged in it to make the most out of it.
Since I started blogging on this site, I’ve had several dozen requests from readers to be added to their network (you can find me here).
They also describe law students who have created student groups on the network. I’m tapped into several social networks, and participate in almost all of the largest ones.
On LinkedIn I created a general Law Student group and an Alumni group for my school, and it has already attracted some attention. But the number of law students in Canada on LinkedIn is still pitiful.
Yesterday I covered a new social network site, specifically designed for lawyers outside of the U.S. seeking American clients. Specialized niche sites will continue to offer a unique advantage to those that participate.
Lawyers and law firms that completely ignore social media, the web, and technological developments entirely, will likely lose their competitive advantage in the long-term.
h/t Mitch Kowalsky of Financial Post
Law is Cool – Podcast #14
A stir was created in the federal election when a group of progressive voters started a Facebook group to facilitate vote swapping. Elections Canada investigated the matter and concluded that vote swapping is legal, but cautioned voters that there is no way to be sure that your swap is being honoured.
The practice has been controversial among progressive voters. As the blogger Dipper Chick put it, “the only thing less representative than a first-past-the-post system, is an FPTP system that’s been $%&@’ed with.”
But other progressive voters see strategic voting (and vote swapping, in particular) as an effective way to prevent the Conservative Party from winning a majority government. One of the people in support of vote swapping is the author of the blog More Notes from Underground. He spoke to Omar Ha-Redeye about the practice at a recent Progressive Bloggers barbeque.
Dan and Omar talked about the implications of our first past the post system and the challenges it presents to small parties who do not enough concentrated support to win seats. This led to a discussion about the prospects of changing our electoral system to a mixed-member proportional (MMP) system.
Is a Law Degree a Good Financial Investment?
Law school tuition is rising, and students are wondering if the returns are there for a legal career.
Karl Okamoto of Drexel University Earle Mack School of Law does the math,
Even if you have to put $230,000 in, you get over $700,00 back! Sweet! Hey Deans, maybe we should raise tuitions (and law professor salaries)!
Dion Speaks in London
Here’s a few clips Stéphane Dion’s talk in London, Ontario last night.
In the first clip he reaches out to minorities communities, expressing a vision of inclusion, and mentioning that Stephen Harper had accused him of being pro-Taliban when he criticized the war effort.
In the second clip he talks about the problems in the Canadian economy,
All of us, we have a sense of history. We will remember that during the Great Depression, it was Roosevelt that took us out of trouble, not Hoover…
I’ve seen Flaherty, after destroying your economy, say to the investors of the world, ‘Don’t invest in Ontario.
Canadians are rightly concerned about the position of the economy. Bank of Canada governor Mark Carney said earlier this week,
Any slowdown in the U.S. economy would have consequences for Canada, but the current situation poses particular problems.
Stop the Applications! No More LSATs…
The Univeristy of Michigan is launching their Wolverine Scholars Program for the 2009 intake, which allows applications from students with strong academic backgrounds to forego the LSAT test.
UM undergraduates who have at least completed their junior year and at most are scheduled to graduate in Winter or Spring 2009 (that is, rising and graduating seniors) with at least six full-time semesters of attendance on the UM-Ann Arbor campus and a UM cumulative grade point average of ≥ 3.80 are eligible to apply.The six semesters may include a non-UM international study-abroad program.We welcome and encourage applications from all UM undergraduate schools and majors.
Other schools have yet to follow lead, and there’s no word yet whether Canadian schools are taking note.
Some Canadians have objected to the LSAT in the past based on privacy issues.
h/t WSJ Law Blog
Why You Should Apply to Law School
What I love best about the law is the ability to challenge and break down stereotypes.
For example, Canadians generally overestimate the number of minorities that have committed a crime, which is usually lower than the general population.
However, the 1995 Report of the Commission on Systemic Racism in the Ontario Criminal Justice System stated, it is no secret that “black accused, for example, are more often held without bail”.
The need for advocates to fight this subtle yet pervasive form of discrimination is pressing indeed.
Maybe Criminal law isn’t your thing.
A recent survey indicated that the average salary in Canada was just over $36,000.
The jobs that required a high school education a generation ago now require a bachelor’s degree. The opportunities simply are just not there for recent university graduates without professional and advanced degrees.
Lawyers and legal professionals ranked the highest out of all careers in Canada, with an average of $123,000 for lawyers and $178,053 for judges. Only specialist physicians made slightly more.
But medical schools in Canada are swarmed with applications. There are only 2,400 positions a year across Canada, but there has been a 20% increase in applications recently. Only 0.5% of applicants to McMaster University and 6% at UWO are accepted.
If you have a science background and thought that your only alternative to med school was graduate research, you’re wrong. One of the booming areas of law is intellectual property, and lawyers in this field almost always have a science or engineering background before law school.
That doesn’t mean getting into law school is easy though. You do need a strong undergraduate GPA, and have to worry about this pesky test called the LSAT.
But it’s worth it. A legal career allows you to pursue professional goals while maintaining an advocacy role within society.
And because the law affects nearly everything we do, there are areas of law that are of interest to everyone.
Fred Rodell, a former professor at Yale, wrote back in 1939, in a book entitled “Woe unto you lawyers,”
It is the lawyers who run our civilization for us – our governments, our business, our private lives. Most legislators are lawyers; they make our laws. Most presidents, governors, commissioners, along with their advisers and brain-trusters are lawyers; they administer our laws. All the judges are lawyers; they interpret and enforce our laws. There is no separation of powers where the lawyers are concerned. There is only a concentration of all government power – in the lawyers. As the schoolboy put it, ours is “a government of lawyers, not of men.”
It is not the businessmen, no matter how big, who run our economic world. Again it is the lawyers, the lawyers who “advise” and direct every time a company is formed, every time a bond or a share of stock is issued, almost every time material is to be bought or goods to be sold, every time a deal is made. The whole elaborate structure of industry and finance is a lawyer-made house. We all live in it, but the lawyers run it.
And in our private lives, we cannot buy a home or rent an apartment, we cannot get married or try to get divorced, we cannot die and leave our property to our children without calling on the lawyers to guide us. To guide us, incidentally, through a maze of confusing gestures and formalities that lawyers have created.
A legal career is not only the smart move in tomorrow’s volatile markets, it’s the right one.
The deadline for law school applications in Ontario is Nov. 3, just over a month from now. You still have time to prepare your application and get it in.
Based on a speech given at the University of Western Ontario. Acknowledgment is provided to Craig Cameron of the Black Law Students Association, Ugbad Farah of the African Students Association, and Carly McLarty of the Caribbean Students Organization for hosting the talks.
Got More Summaries?
We’ve noticed a flurry of activity of people accessing our summaries collection.
It probably has something to do with a new law school year starting, and we’re glad we can be of help. But if you know of any other sites with summaries for Canadian law schools, please do contact us so we can add to the list.
Law is Cool now on Twitter
You can now follow Law is Cool on Twitter.
We’ll be setting up a few mirrors, groups, and profiles on other sites as well, so if you see us popping up everywhere don’t be surprised.
University of Windsor Faculty: What Are They Striking About?
The Windsor University Faculty Association (WUFA) has been on strike since Wednesday, 17 September. WUFA consists of all faculty, sessional instructors, librarians, and other academic staff. As a result, there are no classes.
As someone who pays around $270 a week for my education here, I went down to the picket line to find out what the hell is going on. Fortunately, WUFA has a pamphlet titled “What the hell is going on?,” which I will share with you verbatim. Remember, this is one side of the story…
What are they striking about?
1. Poor treatment of sessional professors. Sessionals at the UofW are the lowest-paid sessionals in the country, with no job security, no benefit plan, no assistance from a GA/TA. Sessionals typically get last-minute notice about the courses they’ll be teaching… or whether they’ll be teaching at all.
2. Unqualified professors. The UofW administration wants to bring in a new wave of profs–ones that only have a Masters degree and don’t do any research. These profs will teach up to ten classes a year even though they don’t have the educational requirements that we deserve to have in our professors.
3. Gender inequity. The administration wants to reduce what is called an “anomalies fund,” which is established to fix inequalities in payroll that still exist across Canada according to things like gender, race, etc. The previous faculty contract has an anomalies fund of $100,000, which still wasn’t enough to make up for every instance on inequity. The UofW administration wants to reduce this number to $20,000.
4. Exponentially growing administration. In the last ten years, the administration at the UofW has nearly doubled in size. These salaries are paid for by student tuition. More administration also means fewer professors, which also means fewer available courses.
5. Horrible financial decisions. VP Finance, Stephen Willetts, was hired at the UofW to create long-term financial planning. So he hired an outside consultant team to come in and do hid job for him. Ross Paul was paid $615,000 for leaving the school (hard work, we know). The new logo cost $1.5 million dollars. And we wonder where our tuition fees go?
6. No contract. WUFA has been working without a contract since June 30, 2008. They aren’t being unreasonable; faculty at this university is asking to be paid wages that are standard throughout Ontario universities. The administration is offering the faculty members wages that are below the provincial standard, as well as below the cost of living in Windsor.
Why should I care?
So WUFA has good reasons–how does this affect students?
You’re paying to be here. This is your education. Is there anything more important?
Canadian students pay between $230 and $277 a week to be here. The administration doesn’t care if we miss a week or two of school, and no, there will be absolutely no financial compensation to the students for classes missed.
By the way, if you’re an international student, you pay about three times that much.
A university without professors or students is just another corporation.
Billable Hours while Breaking a Sweat
Terri Krivosha of Maslon Edelman Borman & Brand, LLP is a desk jockey. She work-walks 3 miles a day at her WalkStation in their Minneapolis law firm.
Krivosha claims she installed the treadmill because,
A. It keeps her energized and fit as she works;
B. Having completed a four-year run as chair of the firm’s Governance Committee, she thought it would be a good idea to get back on the partnership track;
C. These days an attorney must be really fleet of foot to stay ahead of the competition.
These treadmills at work have been endorsed by the Mayo Clinic, who are conducting several studies into their effects.
The WalkStations go for about US$4,000 and are available in Canada.
But the investment might be worth it for law firms, providing an incentive to lawyers to spend less time at the gym and more time in the office. Many firms already provide free gym memberships, a cost that could be passed on to office infrastructure instead.
The added health benefits means that lawyers would have more energy during the day, and theoretically live longer, resulting in longer dividends for firms that have heavily invested in senior partners.
But be careful – you might have to wipe off the treadmill and your factum before turning it in to the court.
