Canada – Page 93 – a sibilant intake of breath

Christie precedent overturned

The Canadian Supreme Court seems to have overturned Christie v. AG of B.C. et al. This 2005 decision held that the poor could not be charged the 7% tax on legal services that existed in British Columbia at the time. In the Reasons for Judgment, the B.C. Supreme Court stated:

[The Act] constitutes indirect taxation and is a tax on justice contrary to the Magna Carta and the Rule of Law…

I am prepared to grant the following declarations: A declaration that the Act is ultra vires in the Province of British Columbia to the extent that it applies to legal services provided for low income persons.

The court held that those earning under $29,000 should no longer need to pay the tax. It also reimbursed, with interest, the $6,200 that had been seized from Christie for non-payment of the sales tax on behalf of poor clients.

Dugald Christie, the man behind the 2005 BC case, was a Vancouver lawyer who had dedicated himself to helping the poor get representation within the legal system. He died about ten months ago while bicycling across Canada to raise money for that cause. Prior to his death, Christie lives in a small room at the Salvation Army’s Dunsmuir House, where he apparently worked twelve hours a day encouraging lawyers to do more pro bono work. He founded the Western Canada Society to Access Justice, which consists of sixty legal clinics across British Columbia, and has since expanded into Saskatchewan and Alberta.

The Supreme Court has now held that:

“a review of the constitutional text, the jurisprudence and the history of the concept does not support the respondent’s contention that there is a broad general right to legal counsel as an aspect of, or precondition to, the rule of law.”

I was surprised to see that a right to council isn’t actually included in section 11 of the Charter of Rights and Freedoms. The idea that a normal person can have a fair trial without legal council doesn’t seem a very plausible one.

Ignatieff speaking in Oxford

One upcoming talk that may be of particular interest to Canadians in Oxford is being given by Michael Ignatieff in the hall of Wolfson College this Thursday. The talk is the annual Isaiah Berlin lecture, and it is on the topic “Political Judgement: Theory versus Practice.”

Ignatieff is one of the most well known Canadian academics, as well as a recent contender for leader of the federal Liberal Party, so I suspect this talk will attract a fair bit of attention. It starts at 6:00pm.

One of his books – Blood and Belonging – was mentioned here before.

Victoria Day

Natives of the United Kingdom may be surprised to learn that today is a royal holiday – in Canada, at least. Celebrated on the Monday before May 25th, Victoria Day is a celebration of both Queen Victoria‘s birthday and that of whoever the current monarch happens to be. It replaces the rather less politically correct ‘Empire Day,’ which was renamed ‘Commonwealth Day’ in 1958.

While it is pleasant enough to have the Queen’s well-composed visage on the back of currency and Regina v. whomever as the standard form for criminal cases, Canadians might be forgiven for thinking the monarchy is a archaic throwback to an earlier era. Most Canadians probably don’t know that Elizabeth II is the Commander-in-Chief of Canadian Forces, as well as Colonel-in-Chief for nine different military units, including the Military Engineers and three groups of Highlanders. While Canadians do appreciate opportunities to differentiate themselves from their southern neighbours (especially as they grow even more unpopular internationally), at least some people have been watching Austalia’s flirtations with republicanism with marked curiosity.

Given her smooth but bland rein, perhaps Elizabeth II would be a fitting final monarch for Canada.

What dread hand and what dread feet?

Tragically and unusually, someone in British Columbia was killed by a tiger this week. Apparently, the animal was privately owned and part of some sort of exotic zoo. The 32 year old woman was standing near the cage when a single paw strike severed her femoral artery. As a consequence, people have called for tougher laws on the ownership of such animals and the tiger has been killed.

The first measure seems entirely reasonable. It is well worth asking whether ownership of endangered and dangerous animals should be permitted. Certainly, the incident demonstrates that they are not always confined appropriately. Whether their welfare is being adequately maintained or not is another concern. According to the the Victoria Times-Colonist “the tigers were kept in small chain-link cages with no flooring.” It sounds as though the circumstances in which the animals were held were neither respectful, humane, nor intelligent. Apparently, the Society for the Prevention of Cruelty to Animals has tried several times since 2005 to have this tiger seized from its owner, on the basis of both safety and animal welfare. Paul Springate of the Rainforest Reptile Refuge has some intelligent comments on the failures in the current Canadian system for managing exotic animals. It seems intuitively obvious that if people are allowed to own such animals (itself a policy of dubious quality), there must be standards for keeping them and a system of inspections.

Putting the tiger to death, on the other hand, strikes me as highly inappropriate. It should come as no revelation to anybody that tigers are dangerous and that spending time at close quarters with one could imperil you. It is certainly a tragedy that this young woman’s life was cut short and it makes perfect sense to investigate the conditions that led to it and act upon them. Punishing a tiger simply for being a tiger, on the other hand, is an inappropriate extension of vengeance into a situation where it makes no sense to apply.

54 days left in England

I have booked my flight back to Canada for the 2nd of July. My exams are between June 11th and 13th. On the 29th, it is possible that I will have a viva (oral) examination. That would only be if I found myself on the cusp of passing or failing, or passing and getting a distinction.

Whittling down my possessions to two checked bags of under 20kg will be a challenge. Oxford residents may be interested in what I have for sale.

Alternative health care models

On their website, Scientific American has a story comparing the Canadian and American health-care systems. The story suggests that Canadians get better value for money, and may well have a better health system overall, despite spending about half as much per person as Americans do. The article explains that Canadians live longer in general, as well as being less likely to die during the course of treatment.

There is good reason to believe that there could be greater efficiency in a system like those of Canada and Britain, where the federal government is the main purchaser of health products. Unlike individuals – who have limited knowledge about health care and few opportunities to exploit economies of scale – governments can buy intelligently and in big batches. They can make deals with pharmaceutical producers and other suppliers of health products. The importance of scale in the purchase of health products is demonstrated by efforts by groups like the Bill and Melinda Gates Foundation to acquire effective and affordable treatments for the major illnesses of the developing world through the use of large-scale acquisitions. More controversially, central-payer health care systems may be better placed to prioritize who should be treated and to what extent. Spending large amounts of money extending the lives of very sick people contributes less to overall societal health than spending the money on early treatment or preventative medicine, though the relative desirability of the two depends on your philosophical beliefs about how spending should be prioritized. Arguably, the Canadian system also produces fewer conflicts of interest than the American political system, in which health corporations are major campaign donors.

In comparing the two, there is one other major phenomenon that bears considering. Because Americans are the main market for new drugs, forms of surgery, and other types of medical care, it is possible that they are subsidizing research and development which can then be accessed at a lower cost by those outside the United States. One does ocassionally hear accusations that Canadians are ‘free-riding’ on the American system in this way. This is obviously connected to one of the hottest topics of political and legal debate at the moment: intellectual property law. In particular, the ethical questions about who bears the costs and benefits of innovating still only have partial and contingent answers.

It will be interesting to see what the Canadian and British systems look like in twenty-five or thirty years. Managing the ongoing demographic transition will be a challenge – just as it will be with pensions – but it seems as though it will ultimately be beneficial to have a lower birthrate and population. Only once that is true of the world as a whole can we really expect to create a society that is sustainable overall.

The Golden Spruce

John Vaillant’s The Golden Spruce is a superb book: the best I have read in many months. It tells the intertwined stories of British Columbia, the economic development of Canada, old growth logging, the Haida (and the Haida Gwaii), and, of course, a unique Sitka Spruce and the man who destroyed it. Particularly for somebody interested in both Western Canada and the environment, it was the ideal type of non-fiction reading.

The story told is a compelling one, full of informative detail and light on preaching and speculation. I read it in one long session, sitting in my hermitage in Devon while temporarily avoiding thesis work. What the book did remind me of, in part, is why the whole study of the environment is important.

I already have two people waiting to borrow my copy (one of the books my mother kindly sent to England for me), but there are surely other examples of it out there.

Heading for the 40th Parliament?

After 15 months with a Conservative minority government, it looks like Canada is heading for a new general election.

For those not paying overly close attention, the Liberal Party held its convention back in December, choosing Stéphane Dion as their new leader. Dion beat out Michael Ignatieff who had, at times, seemed the front-runner. Back in January 2006, the Conservative Party managed to secure a minority government, ending Y years of Liberal control over the House of Commons.

Stephen Harper is obviously trying to consolidate his earlier victory into a majority government. The election should be an interesting one, primarily because of social and environmental issues. There is a lingering suspicion that the relative moderation the Conservatives have shown in power is a tactical choice for the period until they get a majority government (though those fears may simply be stoked by Liberals hoping to frighten a few votes their way). On the environment, nobody is looking too good at the moment. The Conservatives have all but abandoned Canada’s commitment to Kyoto, which the previous Liberal government had never put a sufficient amount of effort into. The heightened level of concern about climate change will probably make the issue front-and-centre in the campaign. Whether that will lead to anything meaningful or not remains to be seen.

Waiting for SkypeIn in Canada

Canadian telecom regulators should hurry up and allow the allocation of SkypeIn numbers. The deal is that you pay about $50 a year to Skype for a phone number in an area code of your choice. People can then call it from within that area, as though it were a free local call. They would actually be calling a computer that forwards the call to your Skype account, on whatever computer or Skype-enabled phone you are using, anywhere in the world. You can also have it automatically redirect calls to another normal phone, though there is a per-minute charge for that.

The system seems really good because people in your designated area can call you without worrying about long distance charges. Also, people who don’t find the whole Skype system comprehensible can call you without any knowledge of how it all works. Supposedly, it is unavailable in Canada because it is incompatible with 911, but this doesn’t make a great deal of sense, since SkypeIn numbers receive calls, rather than initiate them.

With a combination of SkypeIn and Skype Unlimited (which costs $30 a year and includes unlimited calling to landlines), I could speak an unlimited amount to friends in North America for less than $75 a year, with benefits such as being able to use any internet cafe that has Skype installed as though it were my home phone. I just need to wait for Canadian regulators to permit the final link in the chain.

PS. I realize that I could buy a SkypeIn number for New York or Seattle, which would be very cheap for friends in Canada to call. Losing the convenience of it being a local call, for them, is the reason I have not done so thus far, though you can attach SkypeIn numbers in up to ten area codes to a single Skype account.

Moral Disorder

Often insightful, and sometimes clever enough to induce audible laughter, Margaret Atwood‘s Moral Disorder is a satisfying collection of tales. The way in which the thinking of the characters feels extremely familiar, while the circumstances in which they live are not, reminds me of Alistair MacLeod. I think the association comes from how calmly tragedy is presented: how they just unfurl as you progress through the pages, most of them too indistinct to generate more than vague sorrow.

The stories that make up the book involve connected lives, all jumbled together and ultimately connected more by tone than by narrative consistency. The language is that of an author confident but not showy, able to make you empathize with her characters. The writing is mature, as you would expect from an author so revered, and thankfully not pretentious in the way great authors tend to become, once their most creative work is behind them.

Like MacLeod’s work, these stories are heavy with the inevitable and the inescapable. As such, the dominant tone is one of resignation or, at the very best, the recognition that things are, for the moment, better than they have been.