Obiter Dicta Issue 5 - October 26, 2015 | Page 20

NEWS 20  Obiter Dicta Election Ghomeshi Kunduz » continued from cover » continued from page 3 » continued from page 4 The Conservatives lost only -0.97 percent of their 2011 vote total, while the NDP lost -27.85 percent of their voters, and the Liberals saw a stunning 59.66 percent increase in support. The Bloc Quebecois get the award for oddest election result, as their 80,000 fewer votes somehow landed them an increase from four seats in the House of Commons to ten. Elizabeth May kept her seat, winning her riding in the Saanich-Gulf Islands. The results show that the Liberals have recaptured the bulk of left-leaning Canadians, and the attention of undecided voters. Thanks to our, hopefully soon to change, electoral system, the Liberals rode the win to 87 seat gains from the Conservatives, 56 from the NDP, and 1 from the BQ. With 184 total seats as compared to the Conservatives’ 99, the NDP’s 44, the BQ’s 10, and the Green’s 1, the Liberals are poised to form a powerful majority government. Of that new government, Canada will see a marginal change in the number of women representatives, up from 76 to 88. LGBTQ Representation and Rights, a research group in the United States, counts 6 LGBTQ and out candidates who won their riding, the same number as the three previous elections. 10 indigenous candidates were also elected, representing an increase over the 7 who won in 2011. With the election behind us, our attention now turns to ensuring accountability and productivity from our new government. Trudeau has made significant promises regarding electoral and senate reform, criminal reform, new approaches to immigration and indigenous rights, and changes to tax and CPP rates. These plans could have positive or detrimental effects on the country, and it will be the responsibility of all Canadians to monitor and respond to the changes as appropriate. Our other responsibility will be in bringing to the forefront less “fashionable” public concerns. Trudeau plans to stop bombing campaigns in Syria, but the US has already shown how ineffective “training missions” can be, and Trudeau is formulating similar plans. Climate change is back in the Canadian psyche, but efforts will mean little in the face of increased oil drilling (Shell starts exploratory drilling this week off the east coast) and a lack of international cooperation. Canada’s tax system remains grossly skewed in favour of the wealthy regardless of proposed changes, and individual rights to housing and food remain distant dreams. Further, though many prefer to ignore the impending reality, our evolving economy is also on the verge of permanently changing the country. Automation and globalization are combining to craft a new labour market, for which our politicians will have no choice but to respond. Income inequality is hitting a crux, and poverty is increasingly driving migration, crime, and civil unrest across and over international borders. The times, they are a’ changin,’ and it’s anyone’s guess how far things will go during our next government’s tenure. Fortunately, by showing the power of our voices in this election, Canadians have positioned themselves well to address future challenges, and seize opportunities. For Justin Trudeau, the opportunity is now, and with a majority government, and the confidence of Canadians behind him, substantial progress is hopefully just around the corner.  u to their clients but also to the court, the profession, and the public writ large. Moreover, the Rules also emphasize a commitment to the principles of equality. Any frivolous motions, therefore, are not only unprofessional and unethical—not to mention morally problematic—but any reliance on evidence elicited because of them also amounts to an error of law. It is possible, and quite likely, that Heinen sought the production of complainants’ therapeutic records and/or the admission of their prior sexual history with Ghomeshi (and perhaps even people other than Ghomeshi). She may have suggested that there is likely to be evidence in the therapeutic records that the complainants are just jilted exes or that their sexual histories may include evidence that they had communicated their consent in a similar manner on previous occasions where BDSM was part of the sexual encounter. Unless she can prove probity and relevance, this evidence should not be admitted. 1 February 2016 is just around the corner, so we will soon learn whether Heinen took her own advice.  ◆ to characterize it as anything other than a “difficult situation,” and stated that an investigation would have to be concluded before anything else could be said. Lee, unsatisfied, compared the Kunduz bombing to a 2014 attack by Israeli forces on a UN school in Gaza, despite being aware that it was a school. American leaders had been swift to decry the violence as “disgraceful” and “appalling” without waiting for an investigation. “Can you say now,” Lee pressed, “that this shelling of this hospital was disgraceful and appalling?” The double standards of “just” military engagement—while unacceptable according to the rule of law—are fundamental to the realities of international politics. Though theoretically any nation may be accused of a war crime, Macdonald points out that the five permanent members of the UN Security Council have veto power, which effectively prevents American war crimes from being referred to the International Criminal Court. What would it mean for the rule of law and respect for international process if the US were to reject the inquiry? It depends—and certainly if the US completes its own investigation with adequate transparency, public opinion in the States might not rise to the level to insist that their government comply with the IHFFC. In areas of international military conflict, the demands of the rule of law compete with the realities of geopolitical power. Perceptions of the moral righteousness of states’ actions persist even in the absence of obedience to internationally agreed-upon processes. The investigation of war crimes are at least as implicated in geopolitics as in law, and the facts of the Kunduz airstrike are not in dispute–the only contested element is its justification.  ◆ Mental health » continued from page 7 addressing this issue. These include: strengthening global governance for mental health by ensuring that eighty percent of countries have developed their mental healt h policies to reflect international human rights instruments, and providing responsive mental health and social care services for communities by increasing coverage by twenty percent. The suggestions are broad and are meant to capture global goals for mental health. As such, countries are expected to apply these goals to their country’s particular health needs. Another important consideration when implementing indicators is the aggregation of data. That is, when a country reports its health outcomes, the data often reviews the country as a whole without considering the health outcomes of particular communities. Aggregate data can unintentionally mask significant health inequalities between populations. A population as a whole might see great improvements in mental health coverage, but vulnerable communities might still face significant barriers to these services. Requiring particular methods of reporting that include researching the health outcomes of vulnerable populations has been suggested by a number of different global health and international development researchers. There is little controversy when it comes to including issues of mental health into the SDGs. However, given the ambiguity of SDG 3.4 and the issues of generating particular health indicators for mental health, creating policies on how domestic policy can include and report on these goals is difficult. Time will tell if mental health will be meaningfully addressed, or if it is simply a well-meaning addition to the SDGs.  ◆ Health check-up » continued from page 6 the Halton clinic, the three clinics recognize that innovation necessitates an adaptation of the project to their respective communities and needs. The key is not the LHC tool, but rather the conversation that the tool initiates between intermediaries and clients. The expansion to the three neighbouring clinics promises an important new step in the continuing learning process. HCLS will also continue to develop and refine their model. The Guelph, Brant, and Hamilton legal aid clinics will undoubtedly develop a wealth of knowledge as they explore legal needs and community capacity in the three different locations. The exchange of information and the lessons learned among the four legal aid clinics will add an important dimension to the development of the intermediary partnership/legal health check-up approach and expanding access to justice. Read Dr. Albert Currie’s full report on the Pilot Phase of the Legal Health Check-Up Project at: legalhealthcheckup.ca. This is a revised version of an article by Ab Currie, Ph.D. Senior Research Fellow
Canadian Forum on Civil Justice  ◆