The Power of Perspectives

The Canadian Bar Association

Kim Covert

Article

End-of-life: Q&A with Tracey Bailey

By Kim Covert February 21, 2014 21 February 2014

End-of-life: Q&A with Tracey Bailey

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21st century hasn’t offered up much in the way of Charter decisions

By Kim Covert February 20, 2014 20 February 2014

Eddie Greenspan has a certain reputation as a criminal lawyer, so it should come as no surprise that when he was asked to name his Top 10 Charter cases of the century, he picked apart the argument that there have been 10 top Charter cases. Picking 10 cases is a “bit of a mug’s game,” Greenspan argued. His evidence? The century is 14 years old, a mere adolescent, and therefore too young to have produced much in the way of memorable Charter-based jurisprudence, and the Charter of Rights and Freedoms itself is only 32. “It’s been a bleak 14 years.”

Still, he and co-panellist Robert Hubbard, who’s with Ontario’s Attorney General’s office, did manage to scrounge up a few decisions that they considered notable enough to share with the crowd at a Criminal Law session at the recent OBA Institute titled Litigating a Better Charter.

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And what do you think about prostitution?

By Kim Covert February 18, 2014 18 February 2014

When it overturned Canada’s prostitution laws in December, the Supreme Court gave the federal government a year to replace them in a way that did not violate prostitutes’ rights to protect themselves at work – because whatever you think about prostitution, it is legal in Canada.

Justice Minister Peter MacKay’s immediate response to the Bedford decision was to suggest that his government would keep prostitution in the Criminal Code one way or another. In the last few weeks he has said the Conservatives have already started to draft the legislation, and will table it “well before” the December deadline.

But first, a little consultation.

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Kept alive to give life -- when is it right to die?

By Kim Covert February 11, 2014 11 February 2014

It’s easy, when you’re sitting on the sidelines and it doesn’t cost you any emotional capital, to objectively assess a situation and decide what you believe to be the proper course to take according to your own values and morals.

It’s much, much harder when you’re spending emotional capital right and left.

That’s probably the best argument for the rule of law and a formal justice system right there – sometimes the people who are able to objectively assess a situation are the best ones to decide its outcome. On the other hand, taking the emotional path isn’t always wrong.

Take the case of Robyn Benson, who was 22 weeks pregnant when she suffered a brain hemorrhage in December and was left brain dead. She was kept alive until the fetus she carried, whom she and her husband Dylan had already named Iver, would be viable outside the womb.

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Creativity takes work

By Kim Covert February 7, 2014 7 February 2014

Creative people don’t just sit in a room with a glass of whiskey in one hand and a pen in the other waiting for inspiration to hit them upside the head.

Which is disappointing for all of us lazy wannabe-creatives who enjoy a nip or two.

According to David Usher, former lead singer of the band Moist and a man who actively works in the field of creativity, what Thomas Edison said about genius pretty much goes for creativity as well – Usher says it’s 95 per cent work and discipline and just five per cent is inspiration.

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