Following a long history of social debate and discourse, Parliament legalized recreational cannabis across Canada on October 17th, 2018. Among the goals of this act was to put a halt to the illicit cannabis market while providing a safe supply for those who choose to smoke, and to protect the youth of Canada by limiting their access to cannabis. However, the restrictions laid out in the Cannabis Act make it difficult for it’s stated purposes to be carried out. If we want to put an end to the cannabis black market, while concurrently protecting Canadian youth, some changes may need to come to the legal Cannabis field.

In this episode, we discuss with our esteemed guests, lawyers Lewis Retik and Matt Maurer, the hurdles that cannabis businesses must overcome, and ponder changes that can be made in the Cannabis field that will aid in the goals of the Cannabis Act to be realized. Our first guest, Lewis Retik, co-leads the Cannabis group at Gowling WLG’s Ottawa office. He often works with his clients to develop marketing strategies as well as packaging and advertising designs that are both consumer-friendly and compliant with the law. Our second guest, Matt Maurer, is the chair of Torkin Manes LLP’s Cannabis group. He advises his clients on practical business and regulatory advice to counsel a wide range of cannabis industry stakeholders. Such as, licensed producers, people applying to be producers, startups, and foreign businesses looking to enter the Canadian market. 

Quin Myles and Julian Shivprasad– Producers, Hosts, Editors

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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Research Referred to in the Podcast:

Canada, Health Canada, About the Process: Cannabis Security Clearances https://www.canada.ca/en/health-canada/services/cannabis-regulations-licensed-producers/security-clearances/process.html#a1

Canada, Health Canada, Cannabis Act Legislative Review, 22 September 2022. https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/cannabis-act-legislative-review.html

Canada, Health Canada, Legislative Review of the Cannabis Act: What We Heard Report, 10 October 2023 https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/cannabis-act-legislative-review/expert-panel/legislative-review-cannabis-act-report.html

Canada, Public Safety Canada, Cannabis Black Market
https://www.publicsafety.gc.ca/cnt/trnsprnc/brfng-mtrls/prlmntry-bndrs/20200930/026/index-en.aspx

Cannabis Act, SC 2018, c. 16.

CBC, Cannabis Law Review to Explore How Legalization Is Going, 2022. https://www.youtube.com/watch?v=Z6Y3tvy52IE

CBC, Feds to review Canada’s cannabis legislation after a year delay, 2022.
https://www.youtube.com/watch?v=RKBd3xzM5MQ&ab_channel=CBCNews

CBC, Push to Loosen Rules on Canadian cannabis sales, THC limits, 2023.
https://www.youtube.com/watch?v=GJB_FK8VRig&ab_channel=CBCNews%3ATheNational

Jeremy de Beer & Alyssa Gaffen, “Intellectual Property Rights in the Recreational Cannabis Market: Craft or Comoddity? (2017) 50:3 UBC LR 621

Ranjeev Dhillon, Rami Chalabi & Matthew Sanders, “Cannabis” in McCarthy Tetrault, Doing Business in Canada (2023)

Rob Matthews, Samantha Greer & Francois Desmarais, “Cannabis Debt Financing: Current Market Snapshot and Considerations for Lenders, Investors, and Underwriters” Baker McKenzie Leveraged Finance Newsletter (December 2019)

Nick Noonan, “High Time for a Change: Combatting the Black Market for Cannabis in Canada” (2021) 44:3 Manitoba LJ 257

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Medical Assistance in Dying (MAID) has been the subject of much controversy, especially in the last few years, and it continues to generate great debate today. The service, which permits doctors and other medical practitioners to facilitate the deaths of consenting patients who are suffering from intolerable illness, was first decriminalized by the Carter v Canada decision in 2016. Since then, expansions for MAID have been proposed and implemented that widen the group of people who can access the service. What at first was perceived to be an effort to reduce the suffering of those persons who would opt to die rather than to continue living with an untreatable illness that causes them terrible pain, has since changed to include other types of patients for whom death may not even be foreseeable.

In this episode, we discuss another proposed expansion to MAID suggested by Bill C-39, which seeks to expand MAID availability to people suffering solely from mental illness. Joining us here at Pro Bono Radio is our esteemed and experienced guest, Mr. Julius Grey. Mr. Grey is a leading Constitutional and human rights lawyer in Canada and has appeared before the Supreme Court of Canada over 50 different times. He has vocally opposed the expansion of MAID to people suffering solely from mental illness and strongly believes that section 7 of the Charter, which guarantees the right to life of the person, should be protected with respect to MAID except only in the most necessary of circumstances.

Arjun Kapil – Producer, Host, Editor

Music: Royalty Free Music: Bensound.com/royalty-free-music
License code: JUFZOF0KAIBEJAON

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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Research Referred to in Podcast:
Carter v Canada (AG), 2015 SCC 5

Truchon v. Procureur général du Canada, [2019] Q.J. No. 7750

Bill C-39: An Act to amend An Act to amend the Criminal Code (medical assistance in dying). (2023). Online: Department of Justice Canada. https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c39.html

Bill C-7: An Act to amend the Criminal Code (medical assistance in dying). (2020). Online: Department of Justice Canada. https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c7.html

Medical assistance in dying: Overview. (2023). Online: Department of Justice Canada. https://www.canada.ca/en/health-canada/services/health-services-benefits/medical-assistance-dying.html

Ryan Tanner, “An ethical-legal analysis of medical assistance in dying for those with mental illness.” (2018) 56:1 Alta L Rev 149 – 175.

Madeleine Archer et al, “What Domains of Belgian Euthanasia Practice are Governed and by Which Sources of Regulation: A Scoping Review” (2023) OMEGA – J Death and Dying, 0(0). https://doi.org/10.1177/00302228231221839

Marc De Hert et al, “Improving control over euthanasia of persons with psychiatric illness: Lessons from the first Belgian criminal court case concerning euthanasia.” (2020) Front Psychiatry 13:933748. https://doi.org/10.3389/fpsyt.2022.933748

Caroline Favron-Godbout & Eric Racine, “Medical assistance in dying for people living with mental disorders: a qualitative thematic review.” (2023) 24 BMC Med Ethics 86. https://doi.org/10.1186/s12910-023-00971-4

Diana Young, (2022) “Biopower, juridical power and the afterlife of rights: Medical assistance in dying and the Supreme Court of Canada.” (2022) 26:1 Theoretical Criminology 112-131. https://doi.org/10.1177/1362480620928329

Anna Farrow, “Lawyer to Challenge MAiD for Mentallty Ill”, (22 November, 2023), online: https://www.catholicregister.org/item/36153-lawyer-to-challenge-maid-for-mentally-ill

Masih Khalatbari, “Surge in medically assisted deaths under Canada’s MAID program outpaces every other country”, Toronto Star (27 January, 2024), online: https://www.thestar.com/news/investigations/surge-in-medically-assisted-deaths-under-canada-s-maid-program-outpaces-every-other-country/article_29028f96-bc6b-11ee-8f67-03bf29ac7d34.html

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This episode explores the topic of children’s voices in the family law system. The common law has evolved tremendously when it comes to children’s rights. From children being treated as chattels to a focus on the protection of children’s best interests, it seems as though rights for children have come a long way, and it continues to evolve to this day. Raquel Medeiros takes on the discussion on the way children are heard, the duties of lawyers, and the perspective of children in family cases to evaluate the benefits and limitations of this evolving topic. 

Producer, Host, and Editor: Raquel Medeiros 

Music: https://app.soundstripe.com/songs/16762

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast: 

Michelle Fernando, “Family Law Proceedings and the Child’s Right to Be Heard in Australia, The United Kingdom, New Zealand, and Canada” (2014) 52:1 Family Court Review: An Interdisciplinary Journal (USA) pp. 46-59, Available at SSRN: https://ssrn.com/abstract=2627500

Nicholas Bala and Rachel Birnbaum, “Rethinking the Role of Lawyers for Children: Child Representation in Canadian Family Relationship Cases” (2018) 59  Les Cahiers de Droit 787-829, Queen’s University Legal Research Paper No.2018-103, Available at SSRN: https://ssrn.com/abstract=3342335

Nicholas Bala and Patrina Hebert, “Views, Perspectives and Experiences of Children in Family Cases” (2016) Queen’s University Legal Research Paper No. 082, Available at SSRN: https://ssrn.com/abstract=2887623

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In this episode of Queen’s Law Pro Bono Radio, we delve into the evolution of British Columbia’s drug possession laws. Our host, Herleen Sharma, takes us on a compelling exploration of how British Columbia has spearheaded groundbreaking changes in response to the opioid crisis, a crisis that has left a profound impact on communities across the province.

Through insightful analysis and scholarly perspective, we unravel the complexities of British Columbia’s efforts towards drug decriminalization. From the origins of the opioid crisis to the practical implications of policy changes, we navigate through the legal, social, and political dimensions of this pressing issue. Join us as we embark on a journey to understand the nuances of drug decriminalization in British Columbia, exploring the intersection of law, public health, and social justice. Don’t miss this enlightening discussion that aims to inform and inspire action towards a more compassionate and equitable approach to drug policy.

Herleen Sharma – Producer, Host, Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast: 

BC Gov News (2016) Provincial health officer declares public health emergency. Available at: https://news.gov.bc.ca/releases/2016HLTH0026-000568

Understanding the Epidemic (2023) Understanding the opioid overdose epidemic. Available at: https://www.cdc.gov/opioids/basics/epidemic.html

Hetter, K. (2023) What makes fentanyl so dangerous and how can people prevent overdoses? our expert explains, CNN. Available at: https://www.cnn.com/2023/03/23/health/fentanyl-heroin-opioids-naloxone-wellness/index.html

Overdose & drug poisoning data (2023) BC Emergency Health Services. Available at: http://www.bcehs.ca/about/accountability/data/overdose-drug-poisoning-data#Trends

“Power Bi Report.” Power BI. https://app.powerbi.com/view?r=eyJrIjoiY2ZkZTgxODAtMmE5Mi00MzNjLTlkNDYtMjRhNjU4Nzk2NGZmIiwidCI6IjZmZGI1MjAwLTNkMGQtNGE4YS1iMDM2LWQzNjg1ZTM1OWFkYyJ9

Engagement, Government Communications and Public Engagement. Decriminalizing People Who Use Drugs in B.C. Province of British Columbia, September 15, 2023. https://www2.gov.bc.ca/gov/content/overdose/decriminalization

Jesseman, Rebecca, and Doris Payer. Publication. Decriminalization: Options and Evidence, June 2018. https://www.ccsa.ca/sites/default/files/2019-04/CCSA-Decriminalization-Controlled-Substances-Policy-Brief-2018-en.pdf

McSheffrey, Elizabeth. “It’s Been More than 6 Months of Drug Decriminalization in B.C. What’s Changed?” Global News, September 8, 2023.https://globalnews.ca/news/9924506/drug-decriminalization-six-months-bc/

Vance, Emily. “B.C. Introduces Bill to Ban Illicit Drug Use in Many Public Spaces.” CBC News, October 4, 2023. https://www.cbc.ca/news/canada/british-columbia/bc-drug-use-changes-1.6987330

Xavier, Chloe, Lisa Liu, Heather Burgess, O Kara Loewen, Brooke Kinniburgh, and Alexis Crabtree. Rep. Baseline Decriminalization Findings from the 2022 Harm Reduction Client Survey: Interactions with Law Enforcement, September 14, 2023. http://www.bccdc.ca/resource-gallery/Documents/Statistics%20and%20Research/Statistics%20and%20Reports/Overdose/KnowledgeUpdate_Police_Interaction.pdf

Weichel, Andrew. “B.C.’s Prescribed Safer Drug Supply Saved Lives, Landmark Study Finds.” CTV News Vancouver, January 11, 2024. https://bc.ctvnews.ca/b-c-s-prescribed-safer-drug-supply-saved-lives-landmark-study-finds-1.6722703

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Tattoos are a creative process, sometimes collaborative but ultimately require skill and creativity. Many are original works of art created by tattoo artists for the bearer. The right to expression is a protected right held by all Canadians. Tattoos are becoming more and more accepted as a form of self-expression, accepted socially and professionally. Artists have a copyright interest in the work they create. With the amount of detail and artistry that is involved with tattooing; tattoos are both an art and a form of personal expression. 

These conflicting interests have the potential to produce some interesting legal questions. There have already been instances of celebrity civil suits regarding the use of tattoos in public facing ways. Canadian courts have not yet been faced with this issue. However foreign courts’ treatment of the question might provide some insight into the direction our courts will lean when deciding these issues. In this episode, Kwame helps us to use the context provided by our southern neighbors to imagine a path forward. 

Kwame Skerritt-Williams– Producer, Host, Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast: 

A Copyright on Tattoos: Where to draw the line? CBA National (2023) https://nationalmagazine.ca/en-ca/articles/law/hot-topics-in-law/2023/a-copyright-on-tattoos#:~:text=So%2C%20who%20owns%20copyright%20in,or%20acquire%20it%20by%20asignment

Canadian Admiral Corporation Ltd. v. Rediffusion Inc., 1954 CanLII 712 (CA EXC), [1954] Ex CR 382

Canada: PART I: Are Tattoos Protected By Copyright?, online: Fasken https://ip.fasken.com/part-i-are-tattoos-protected-by-copyright/?utm_source=mondaq&utm_medium=syndication&utm_term=Intellectual-Property&utm_content=articleoriginal&utm_campaign=article

Copyright Act (R.S.C., 1985, c. C-42)

Fixation on Flesh: Why Tattoos Should Not Garner Copyright Protection (2019) 30:1 NYSBA Entertainment, Arts and Sports Law Journal
https://nysba.org/NYSBA/Publications/Section%20Publications/EASL/Article-EASLJournalSpring2019.pdf

Marie Hadley, ‘Whitmill v Warner Bros. and the Visibility of Cultural Appropriation Claims in Copyright Law’ (2020) 42(4) European Intellectual Property Review, 42(4) pp 223-229 file:///Users/kwameskerritt-williams/Documents/SSRN-id3812828.pdf

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The topic of the exchange of sexual services for consideration, more commonly referred to as prostitution, is quite controversial and often lends itself to strong opinions on both sides of the debate. However, the constitutionality of such work in Canada has developed rapidly, leaving many Canadians confused on its legality. A thorough answer to this seemingly simple question requires a journey with Bobbie Alvernaz through the development of the law on this issue; how Canada arrived at the laws on the books today, the claims in favour of the current laws, and how dignity and equality rights are ultimately central to these legal decisions. 

In this episode, we discuss and break down this development with our esteemed guest, Professor Debra Haak. Professor Haak is currently an assistant professor at Queen’s law and has published several articles on the topic of the constitutionality of prostitution in Canada. Professor Haak’s research and publication focus specifically on how law and policy in Canada contend with the different interests of individuals and groups in a diverse society. Her work also explores how legal decision makers, including judges and policy makers, make difficult choices between and among these differing individuals and groups in a liberal and constitutional legal context.

Bobbie Alvernaz– Producer, Host, Editor

Music: https://www.bensound.com

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

If possible, I would like to provide a list of publications of my host as follows: 

Research of our guest, Professor Debra Haak (Peer-Reviewed): 

“Revisiting the Analytical Distinction Between Section 7 and Section 1 of the Charter: Legislative Objectives, Policy Goals, and Public Interests” (forthcoming, Supreme Court Law Review)

“The Case of the Reasonable Hypothetical Sex Worker” (2022) 60:1 Alberta Law Review 205

“The Good Governance of Empirical Evidence about Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation” (2021) 46:2 Queen’s Law Journal 187

“Re(de)fining Prostitution and Sex Work: Conceptual Clarity for Legal Thinking” (2019) 40 Windsor Review of Legal & Social Issues 67

“The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada’s New Prostitution Laws” (2017) 50:3 UBC Law Review 657

Research Referred to in the Podcast: 

The Good Governance of Empirical Evidence about Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation (2021) 46:2 Queen’s Law Journal 187 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3820090.

Re(de)fining Prostitution and Sex Work: Conceptual Clarity for Legal Thinking (2019) 40 Windsor Review of Legal & Social Issues 67 https://ssrn.com/abstract=3333280.

The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada’s New Prostitution Laws (2017) 50:3 UBC Law Review 657 https://ssrn.com/abstract=3031586. 

Canada (Attorney General) v Bedford, 2013 SCC 72 

Sex Work Laws Unconstitutional: Canada (Attorney General) v. Bedford, Supreme Court of Canada 2013. (2015), online: Ontario Women’s Justice Network https://owjn.org/2015/10/01/sex-work-laws-unconstitutional-canada-attorney-general-v-bedford-supreme-court-of-canada-2013/

Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act. (2018), online: Department of Justice Canada. https://www.justice.gc.ca/eng/rp-pr/other-autre/c36fs_fi/

Technical Paper: Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts (Protection of Communities and Exploited Persons Act). (2014). Department of Justice Canada. https://www.justice.gc.ca/eng/rp-pr/other-autre/protect/protect.pdf

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This show explores the law of finders: This is the term used to refer to the collection of rules governing ownership of lost or abandoned property. Everybody learns a simple rule at an early age: finders keepers. But while the law does back this phrase to an extent, it’s often much more complicated. We explore some of the case law and look at the many factors that the courts consider when deciding which party gets to keep a found item. We also interview Professor Mohamed Khimji of Queen’s Law to gain his insight on why this area of law is so convoluted and how people should approach it. 

Credits:

Producer, Host and Editor: Mukhtar Hindi

Music:

Intro Music – QubeSounds 

https://pixabay.com/music/beats-abstract-fashion-pop-131283/

Gavel Sound Effect – FableCityRadio

https://pixabay.com/sound-effects/gavel-of-justice-124029/

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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In August 2022, the State of California restricted the use of rap lyrics by prosecutors in criminal trials by passing a Bill which now requires judicial review of rap lyrics prior to admittance. 

This new Bill across the border offers an opportunity to assess the admissibility of rap lyrics in Canadian criminal trials.

This is not a podcast that is aimed to make you like rap music. This podcast is not trying to claim that all rappers who are charged with criminal offences are innocent. This podcast is concerned with something much more simple; the denial of justice.

Our esteemed guest, Professor Lisa Kelly, joins us on this discussion to help us break down and critically analyze the use of rap lyrics in court as it concerns the law of evidence. Professor Kelly is currently an assistant professor at the Queen’s Faculty of Law where she teaches Criminal Law and Evidence and has been known for her scholarship particularly in the area of evidence.

Production

Afsheen Chowdhury – Producer, Host, Editor, Researcher 

Nazneen Sindha – Researcher, Producer

A.J Davidson – Researcher

Music: https://www.epidemicsound.com/ (Alcove Pacino, Jobii)

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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As a historical point of contention for the Canadian Charter of Rights and Freedoms, section 33, also known as the Notwithstanding Clause, has been a topic of discussion for decades. What does section 33 mean? How did it come about? What have courts said about it in the past? Can its use be limited? These are inquiries from various media sources that are answered in this podcast.

In this episode, I am joined by Professor Jacob Weinrib to discuss section 33 of the Charter. As a public and constitutional law instructor, Professor Weinrib has taught at Queens Law since 2015. He has been published in several books and is the author of his own book (Dimensions of Dignity: The Theory and Practise of Modern Constitutional Law) with a second one currently in the works.

Shayla Joshi: Host, Producer, Editor

Music: https://wavs.com/ by Aaron Dean

Pro Bono Radio does not provide legal advice as this is a student driven initiative aiming to increase access to legal education.

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Internet regulation policies have huge implications for the Canadian public given the central role played by online platforms in our daily lives. Last year, the Canadian government put forth a series of proposals concerning internet regulation that proved to be quite contentious. There was Bill C-10 (now C-11) which would amend the Canadian Broadcasting Act to bring it up to speed with the internet age. There was also an online harms proposal that would regulate social media platforms in how they handle harmful content. These proposals touch on many important topics including freedom of expression, consumer choice, and the internet experiences that Canadians can expect to have going forward.

Joining the Pro Bono Radio team to break down these proposals is Dr. Michael Geist. Dr. Geist is currently a Law Professor at the University of Ottawa. He holds the Canada Research Chair in Internet and E-commerce Law and is a member of the Centre for Law, Technology and Society. He’s the editor of multiple copyright books and he serves as an editor for several monthly tech law publications. He also has a popular blog where he regularly analyzes internet and intellectual property law issues, including those that we discuss in this episode.

Production

Jordan Davis – Producer, Host and Editor

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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