RSS FeedOttawa abandons case against Charkaoui
Divisive terror law losing traction
Can we trust secret evidence, often borrowed from foreign countries, to throw people out of Canada?
Colin Freeze explains the security certificates:
… federal ministers sign off on a certificate after viewing secret CSIS information, which allows officials to immediately jail, and eventually deport, a non-citizen.
The “intelligence” used to do this is disclosed to judges but never fully revealed to the accused, drawn as it usually is from secret agents and wiretaps, sometimes placed within Canada but also frequently “loaned” from foreign governments on condition that the provenance be kept secret.
Bitter Lawyer Tell All About OCIs
It’s probably the most stressful part of many law students’ time at law school – the On Campus Interviews (OCIs).
The Bitter Lawyer has a 3-part series on OCIs:
- Part 1 (Partners’ favorite interview questions, resume impressions, “wish I would have known” insight)
- Part 2 (Worst things interviewees can say, most common mistakes interviewees make, how to do damage control if you blow it in the first five minutes)
- Part 3 (Do looks matter or thank-you notes matter?)
Social Media Obscures Line Between “on the record” and “off the record”
| Guest Post By Huma Rashid | Originally posted at Social Media Law Student
Only this time, it’s a clash between the political and the cultural. Pop-cultural, to be exact.
Twitter, as everyone who reads this law-and-social-media blog already knows, is a micro-blogging service which allows users to submit ‘tweets,’ or messages no longer than 140 characters in length. Everyone’s on Twitter these days – Shaquille O’Neal, President Barack Obama, my beloved Stephen Fry, and probably even your father.
And, because everyone can use it and it takes ten seconds to write something and post it, Twitter has been causing many, many problems over the years and especially during its recent boom in popularity.
Recent Events
The fact that this discussion adds coverage to this already over-hyped incident is unfortunate, but it seems unavoidable. On Sunday, September 13, 2009, Taylor Swift won an award at the MTV Video Music Awards for Best Video (”You Belong With Me”). Before she could fully launch into her acceptance speech, singer Kanye West hopped up on stage, took her microphone, and declared that Beyonce should have won for her video (”Single Ladies”), which he stated was the best video of the decade. The technicians cut to tape and Ms. Swift was escorted off stage without finishing her speech. It was reported that Mr. West was drinking throughout the evening, and he was promptly asked to leave after the incident. Since then, he has posted two blog entries (one presumably written while he was still under the influence and one that is much shorter) and has appeared on Leno to express his contrition and his sincere apologies.
Countless celebrities have weighed in with several choice words for Mister West, most of them through Twitter. They’ve gone on their own personal record and brought West to task for his rude behavior. The most recent celebrity to go on the record via Twitter is President Barack Obama. The only problem is, he was pointedly off the record…or so he thought.
Barack Obama’s Off the Record (sort of) Remarks
The American public holds its president to a very high, some would argue unattainable, standard. He is at once the leader of the free world, the official face of our government, and our community leader, but it is his role as just another human being that is often eroded in this construction. Casual opinions, no matter on how banal a subject, often come under close scrutiny and is treated as though it were some sort of official edict.
This incident proves nothing else. Shortly before an interview with CNBC, President Obama was discussing the VMA incident off the record. During this off-record portion of the interview, he called Kanye West a “jackass.” It was a casual, off-color remark that was overheard by ABC News Reporter Terry Moran, who promptly tweeted the following: “Pres. Obama just called Kanye West a ‘jackass’ for his outburst at VMAs when Taylor Swift won. Now THAT’S presidential.”
The tweet was promptly deleted, and ABC has since issued an apology for Moran’s breach of journalistic integrity. TMZ obtained audio of the incident; the clip is below.
Federal Court rules on challenge to last year’s election
Watchdog failed to show 2008 vote illegal: Federal Court
Sue Bailey writes:
Harper asked the Governor General to dissolve Parliament last September despite his own fixed-date election law. That law set the next federal vote for Oct. 19, 2009 – or sooner, if the government lost a non-confidence vote.
Democracy Watch says Harper broke his promise of election reform and the spirit of the law in a blatant grab for majority power.
But Justice Shore said the group’s lawyer, Peter Rosenthal, gave only vague evidence as to how the snap campaign put opposition parties and voters at a disadvantage.
The Crown argued the Prime Minister had a right to “pre-empt a non-confidence vote,” despite the fixed-date election law.
“Poor, pitiful Randal”
Parents in beating death of boy, 7, want new trial
Months of abuse left Randal incontinent and unable to keep food down before his death in September 1998. Along with a tapestry of scars and bruises, a post-mortem on Randal’s emaciated, 40-pound body discovered 13 broken ribs, a lacerated liver and a tooth in his stomach.
At the 2002 trial, Marcia Dooley, whom the trial judge labelled Randal’s “cruel, vengeful and evil stepmother,” was characterized as the primary abuser.
Marcia and Tony Dooley are appealing their convictions. Ms. Dooley’s counsel is Marie Henein—the same lawyer who represents Michael Bryant.
Thanks Obama, I’mma Let You Finish, But…
Goldstone Report Could Lead to ICC Charges
The report by Justice Richard Goldstone on the Fact Finding Mission on the Gaza Conflict, released yesterday, is raising some interesting legal questions.
The report concluded that both Israel and the Palestinians had committed war crimes, and possibly crimes against humanity. The most obvious question people are asking is the effect of this report on the International Criminal Court (ICC).
The Israeli media has stated that the ICC has no jurisdiction over Israel, as a non-signatory to the Rome Statute. Israeli legal scholars have generally taken a similar position, but this appears to be flawed.
Melissa Todorovic’s boyfriend to be sentenced
Crown seeks life for man who killed Rengel
He pleaded guilty in April to first-degree murder, saying he killed Rengel on New Year’s Day 2008 to appease his jealous girlfriend.
First war crime conviction in Canada
Life sought for Rwandan war crimes
Justice Andre Denis is to hand down a sentence on Oct. 29.
His verdict in May made Munyaneza the first person to be convicted under Canada’s Crimes Against Humanity and War Crimes Act, enacted in 2000.
It’s Time for a Social Media Election in Canada
Although the Canadian government has already taken initiatives to develop social networking tools, they may be getting help soon from Google.
The official Google Public Sector blog has plenty of resources for government technology directors, including the recently concluded Gov 2.0 summit in D.C. last week, chaired by web guru Tim O’Reilly of O’Reilly Media, Inc., the guy who coined “Web 2.0.” Videos of most of the presentations are available online.
Last night Google announced the launch of Google for the Public Sector, offering a number of tools that largely already existed, such as website development, maps, and videos. The showcases and tutorials available should make it easier for any public service or election campaign to make use of them.
Ginny Hunt, Public Sector Project Manager, said,
According to the Pew Internet and American Life Project, nearly four out of five American Internet users go online to find government information. Technology will help play a key role in making this information accessible, useful and transparent.
If there was ever a time for the Canadian election 2.0, it’s probably now.
Link to Precedent Magazine Article
I have written an opinion piece on the relationship between police officers and lawyers for Precedent Magazine.
It can be found on page 17 of the Fall 2009 edition or via this link:
Please check it out and we welcome comments. Thank you.
Legal Aid Boycott Continues To Grow
The legal aid boycott, which began in June, continues to grow. Today, Toronto-based lawyer Tony Bryant asked to be removed from a first-degree murder case being held in Kitchener, Ontario. Outside of court, Bryant cited the inability to properly prepare for the case given Legal Aid’s compensation of $96 an hour as the reason.
According to Bryant, the case requires the examination of witness testimony and documents, and possibly forensic experts to be brought in. ”You don’t get these experts for a dollar ninety five”, he says, adding that he would normally charge $300 an hour on a major case like a murder.
Bryant, who has represented notorious murderer and serial rapist Paul Bernardo for 15 years, says he is joining the growing list of lawyers, firms and law professors boycotting homicide cases and cases involving guns and gangs.
The boycott has continued despite an additional $60-million in annual funding promised recently by the province.
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