Faculty in the News

Want to know the real status of Pan Am Games construction? That will be $4,219.10 
Publication: Toronto Star
The Toronto organizing committee for the 2015 Pan Am Games is asking more than $4,000 for access to information on the construction progress and delays of the sports facilities. This, as Michael Geist, Common Law Section, explains, is a good example of different federal and provincial open government policies. “That’s unquestionably a problem when we’ve got both federally and provincially open government mandates that haven’t done a very good job on the access-to-information side, but at a minimum at least speak to more open government. They don’t have either uniform policies or similarly understood policies on some of these issues.”

What Barack Obama’s call for Net neutrality means for Canadians 
Publication: National Post
President Obama called for some commonly advocated Net neutrality rules, including prohibiting ISPs from blocking legal sites and intentionally slowing down sites. Michael Geist, Common Law Section, argues that telecommunications companies in Canada and the U.S. don’t actually operate in a free market and, as such, Net Neutrality might be a good idea. “It might be true that in an environment full of robust competition, a consumer could choose another network provider. The reality is that the U.S., much like Canada, there may be more than a handful of players, but they’re divided up geographically in such a manner that most consumers only have two major choices.”

Racism in Canada finds fertile ground online 
Publication: CBC
Joanne St. Lewis, Common Law Section, are mentioned in this article.

Ottawa intends to limit powers of Canada's chief doctor 
Publication: CTV News
Members of Canada's public health community are expressing concern about intended changes to the authority of the country's chief public health officer. Steven Hoffman, Common Law Section, said “it doesn’t make sense. We had a good model that at least provided some measure of independence for the chief public health officer. And moving towards a model that’s maybe more comfortable for the current political leadership and cabinet is not helpful for public health.”

Students happy with Canada's Ebola response (CBC News Ottawa) 
Publication: CBC News Ottawa
The University recommends that students not travel to West Africa and that they follow the federal government’s guidelines. Steven Hoffman, Common Law Section, agrees with the recommendations.

Ottawa to limit power of Canada's top doctor, the chief public health officer 
Publication: Globe and Mail
The federal government is moving to remove control of the Public Health Agency of Canada’s budget and staff from the chief public health officer. Steven Hoffman, Common Law Section, said he would ask the chief public health officer himself about his thoughts on the matter. “Does he think there’s a good public-health justification for this?”

Ottawa ignores rule of law in refugee health cuts case 
Publication: Toronto Star Online
In this Op-Ed, Jennifer Bond, Common Law Section, argues that the federal government’s recent decision to continue denying health care benefits to certain groups of refugees is deeply problematic. She comments that the government is "acting outside of the law. When individuals do this, there are severe consequences, including potential jail time. Canadians need to pay attention to what is happening and make sure there are consequences here too."

Guinea urges Canada to review Ebola visa policy 
Publication: Embassy Magazine
Guinea’s top representative in Canada is urging the federal government to review its decision to suspend visa applications for anyone who has visited a country severely affected by Ebola within the last three months. According to Steven Hoffman, Common Law Section, “If it was India, we would never have imposed these kind of illogical travel restrictions that don’t work and are against international law.”

Trans-Pacific Partnership trade deal close at hand, leaders say 
Publication: Toronto Star
Twelve world leaders, including the Prime Minister, said Monday they are committed to finalizing the proposed Asia-Pacific trade deal.  It is the largest trade agreement that has been attempted outside the moribund World Trade Organization. “I think people were enamored with free-trade negotiations as an alternative to the WTO. What they’re finding is even though it’s 12 countries instead of 160, it’s still an extremely complicated negotiation,” said Debra Steger, Common Law Section.
 
Four ways the courts could better handle sexual assault cases 
Publication: Inside Halton
In this article, the author lists ways to improve the handling of sexual assault cases. Elizabeth Sheehy, Common Law Section, comments on how appointing a lawyer for complainants can keep complainants informed throughout the process and help deal with feelings of stress and isolation.

Guilty until proven innocent; Burden of proof shifting in some sexual assault cases 
Publication: National Post
This article discusses due process in sexual assault cases. Constance Backhouse, Common Law Section, comments "The problem as I see it is sexual harassment is very widespread and most of the victims do not lay a complaint. This is the social problem, not men who are unfairly maligned."

How to fight global warming without destroying the economy? Use a little Econ 101 
Publication: Globe and Mail
Between 2008 and 2012, per capita consumption of the fuels subject to the carbon tax fell by more than 17 per cent in BC, while rising by 1.5 per cent in the rest of Canada, according to an analysis by Stewart Elgie, Institute of the Environment.

Canada's Ebola-related visa restrictions criticized for being at odds with science 
Publication: Globe and Mail
During the SARS outbreak, the federal government objected many countries' travel restrictions toward Canada and the World Health Organization's warning regarding Toronto. Canada itself is now applying travel restrictions to people coming from Western African countries. Amir Attaran, Common Law Section, comments  “Canada was ardently advocating that countries had to be extremely cautious and methodical on rules based in their application of visa bans and other restrictions.”

Four ways the courts could better handle sexual assault cases 
Publication: Toronto Star
In this article, the author lists ways to improve the handling of sexual assault cases. Elizabeth Sheehy, Common Law Section, comments on how appointing a lawyer for complainants can keep complainants informed throughout the process and help deal with feelings of stress and isolation.

Why Canada needs a fourth wireless player 
Publication: Toronto Star
In this Op-Ed, Michael Geist, Common Law Section, explains that a fourth major telecom company in the Canadian market could create competition, and force companies to innovate and lower prices.

Two Globe writers honoured by civil liberties association 
Publication: Globe and Mail
This article mentions Nathalie Des Rosiers, Common Law Section, who was honoured by the Canadian Civil Liberties Association. 

Beyond price: Wireless carriers competing on service, network quality 
Publication: Globe and Mail
Industry experts say the country’s three national wireless carriers routinely match one another’s prices in the market and strive to stand out based on other elements such as customer service and claims about network quality. According to Michael Geist, Common Law Section, "whether it’s perception or reality, this is a marketplace that offers very little choice, or at least very little differentiation other than on things like customer service. Some may well choose on that basis, but I do think consumers would like to see more choice in terms of price.”

Canada's move to deny visas to people travelling from West Africa is slammed by critics 
Publication: CBC - The Current
(8:49 - 18:24) Steven Hoffman, Common Law Section, comments on Canada's travel restrictions for people travelling from those countries stricken with Ebola. He explains that the international health regulations "strictly prohibit these kind of travel or trade restrictions unless they're based on scientific principles, risk to human health of based on a World Health Organisation recommendation and in this case, this is not science."

Shortage of 'data' on sexual harassment among federal workers 
Publication: Ottawa Citizen
There is a lack of data on the extent of sexual harassment in the federal public service, which has made tracking it difficult. Penny Collenette, Common Law Section, wonders how this issue has been left aside. “How would a PMO staffer, for example, report allegations against a prime minister? To whom could she or he turn? Colleagues would likely be aghast, fearing for their jobs, if not for the government. Any victim would be very isolated.”

Canada rejects entry visa for 17-month-old; Girl from Ebola-stricken Sierra Leone 
Publication: National Post
While Canada refused a temporary resident permit for an adopted baby from Sierra Leone, the British government has now declared that it is ready to accept her. Steven Hoffman, Common Law Section, comments. According to him, “we’re seeing that a man is not able to bring his baby back to Canada because of visa restrictions which have no basis in science or public health. The international health regulations do not allow countries to impose illogical travel or trade restrictions unless they are supported by science, public health or a recommendation from the World Health Organization.”

Is it any wonder we don’t report? 
Publication: Maclean’s
In a discussion surrounding the difficulties of prosecuting sexual assault, Elizabeth Sheehy, Common Law Section, said that “If we really cared about rape, we’d give women their own lawyers and we’d pay for it,” referencing countries where victims of sexual assault may access a lawyer of their own choosing to prosecute cases of sexual assault.

'National conversation' emerging on sexual violence 
Publication: Ottawa Citizen
This article pertains to sexual violence, its coverage in the media, and the discussion around it. Carissima Mathen, Common Law Section, said that if the conversation spurs anyone to come forward who might not have before, “it is a really big benefit.”

MP Dean Del Mastro announces plan to reopen defence 
Publication: Canada.com
Michael Pal, Common Law Section, comments on Dean Del Mastro's application to introduce new evidence to reopen his trial as MPs debate how to expel him from the House of Commons. “The likelihood of succeeding on a fresh evidence application is pretty low,” he said. “It seems more tactical than anything, to try to delay the sentencing. He has incentive to delay, give the House reasons not to do anything, not to expel or suspend him until after the election.”

Canada's Ebola visa ban puts us all at risk in the long run 
Publication: Toronto Star
In this Op-Ed, Steven Hoffman, Common Law Section, explains why the government's visa ban for people travelling to or from Western Africa might not be the right decision. He says "My own research has shown that travel restrictions under these circumstances don’t work. There is also no evidence that West Africans pose a risk to Canadians’ health (especially if they’re currently living outside of their home countries)."

Letter: Government should encourage publication in world-class journals 
Publication: Ottawa Citizen
In this Op-Ed, Amir Attaran, Common Law Section, comments on the federal government's scientific publishing practices and their treatment of scientists.

This isn't the kind of war bombs can win 
Publication: iPolitics
In this Op-Ed, Errol Mendes, Common Law Section, comments on Canada's involvement in Iraq. He states that "Prime Minister Stephen Harper may be channeling Canada’s contribution to this fight into a high-profile air war purely for the political optics — to present himself as an effective global statesman with nerves of steel, and to drive a wedge through the opposition parties. And that would be a very shabby reason to go to war."

More Disturbing Questions about Warrantless Data Disclosures 
Publication: The Tyee
In this Op-Ed, Michael Geist, Common Law Section, explains that the state of telecom subscriber privacy has improved recently in Canada, but there is still work to be done. The article summarizes recent privacy protection policy decisions.

URSB to Demystify Intellectual Property in Uganda 
Publication: All Africa
Work is being done to raise awareness of intellectual property in Uganda. Researchers found that IP approaches in Africa often need to prioritize collaboration and openness in order to allow for adaptation to fast-changing African environments. "Local artisans are interested in producing good quality work, cultivating loyalty and customer care and not IP issues such as patents, industrial designs," said Jeremy De Beer, Common Law Section.

Sur un grand dérapage 
Publication: Le Devoir
Cet article discute de la collecte de données faite par la GRC et pourquoi, selon l'auteur, cette dernière se doit de rendre compte. L'article fait mention des commentaires de Michel Drapeau, Faculté de droit, dans un article précédent.

Ebola vaccine story shows folly of free-market drugs 
Publication: Globe and Mail
NewLink's Ebola vaccine was not tested on humans until this year’s outbreak. They are now accelerating human tests. The author explains that the federal government could have forced NewLink to move more quickly, but chose not to interfere. He quotes Amir Attaran, Common Law Section: “This could have been a heroic Banting and Best moment for Canadian science, but instead it is a black comedy.”

Expert on Canada's Ebola visa ban 
Publication: CBC News
Canada is imposing travel and permanent residency bans on people who've been to Sierra Leone, Guinea or Liberia. Amir Attaran, Common law Section, says he was shocked to learn the news, adding that "there's no scientific sense in this and there's no legal sense in it either. (...) This cuts us off from all the experts, scientists and doctors who are travelling there."

Has the tide turned on Canada's privacy embarrassment: Geist 
Publication: Toronto Star
In this op-ed, Michael Geist, Common Law Section, explains that the state of telecom subscriber privacy has improved recently in Canada, but there is still work to be done. The article summarizes recent privacy protection policy decisions.

Tough terrorism laws already exist in Canada, experts argue 
Publication: Ottawa Citizen
The federal government is proposing new anti-terror legislation when measures already exist. Canada’s hate speech laws in sections 318 and 319 of the Criminal Code, for example, can be used for anyone inciting violence against an identifiable group or person. “It’s quite sweeping. There’s not much of a gap left to cover off,” said Craig Forcese, Common Law Section.