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.

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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.

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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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This episode provides an examination of tort reform in Canada, with an expert in the field. This episode examines the existing tort system, how it could be changed, who is seeking this change, and (in that vein) how different people will benefit from this.  We examine common misconceptions about the law of torts, and how said misconceptions lead to calls for tort reform. We also examine how the movement for tort reform has spread into Canada from abroad. 

Joining the Pro Bono Radio team to discuss tort reform in Canada is Professor Mary-Jo Maur. Professor Maur is currently a professor at Queen’s University of Law who teaches tort law, family law and dispute resolution.

Production

John McMahon – 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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Britney Spears has made headlines in the media since 2008, most notably with the #FreeBritney movement to inspire the end to her conservatorship controlled by her father. Fans were concerned for the 13 years that her conservatorship lasted. She was still performing and recording albums, which many thought was strange as conservatorships are imposed on those who are incapable of making their own personal decisions. Her life has sparked conservation about similar laws in Canada and what might have happened if she were in Canada.

Joining the Pro Bono Radio team to discuss Ontario’s legislation around decision-making laws is Professor David Freedman. David is currently a professor at Queen’s University of Law who teaches trusts, wills and estates, and estate litigation, to name a few. David will provide insight into the Guardianship process in Ontario.

Production

Jennifer Jeong & Emma Halliday – 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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“Governments are going to have to think more seriously about whether just a negative role in the freedom of expression is going to be enough”. 
Section 2(b) of the Charter of Canadian Rights and Freedoms is premised on values that have been recognized as essential to society for millennia. The context in which the freedom of expression is evoked, however, is changing before our eyes. Join a first-year queens law student, Austin Layng, and Associate Professor at Queen’s Faculty of Law, Cherie Metcalf, to learn about what activity is covered under the freedom of expression, how the government can justifiably infringe freedom of expression, and how Freedom Convoy and the internet challenge how we think about freedom of expression. 

Production

Austin Layng – 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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