Obiter Dicta Issue 7 - November 24, 2015 | Page 20

NEWS 20  Obiter Dicta Slaves » continued from page 6 and accountability under the Leahy Law as a condition of continued US support (Eggers, 2015). This decision is especially complicated for US Military on the ground. Ben Anderson’s documentary, “This is What Winning Looks Like” provides a discouraging insight into the challenges faced everyday by soldiers such as Commanding Officer Major Bill Steuber (Anderson, 2013). Steuber claims that certain concerns often need to be “let go of.” He explains the difficult balance between educating Afghans about the rule of law while allowing them to exercise self-governance, rather than impose an American system. In short, doing the latter would undermine efforts to create a stable and independent government and for the US to successfully leave Afghanistan. However, Steuber is continually disheartened as he observes Afghan officials participating in sex slavery and remaining in positions of power despite reports against them. He worries that this is taking away from any good being done in these areas because it destroys the relationship between local communities and Afghan authority. Uber There is no obvious answer to how the international community and the US Military should respond in situations of human rights violations in conflict zones. Sex slavery is not unique to Afghanistan, but rather is a global issue that requires many different types of action. While the abuses should be neither ignored nor tolerated, it is arguably a better policy that the US continues their presence in Afghanistan with a goal focused on creating an effective judicial system that will hold the government and police accountable in a meaningful way. This article was published as part of the Osgoode chapter of Canadian Lawyers for International Human Rights (CLAIHR) media series, which aims to promote an awareness of international human rights issues. ◆ ê Photo credit: shariaunveiled.wordpress.com t humbs down » continued from page 2 masse—the industry is abjectly terrible. The goal isn’t to compare Uber to taxis and declare one a winner. It’s to acknowledge that neither are ideal—or even acceptable—and demand better. When the support of consumers influences how lawmakers regulate a corporation, we are giving the corporation an astounding level of power. This power needs to be used in a manner that results in a real benefit to society. We need laws that allow for innovation, but not innovation that includes unsafe conditions for consumers, poor data handling, shady practices and lies. Innovation should reward everyone; we need laws that reflect that goal. Your Managing Editor, Erin Garbett  u Rape culture » continued from page 8 personal jab at Madam Justice L’Heureux-Dubé. Indeed, judges making wildly inappropriate remarks about sexual assault complainants is nothing new. Justice Michel Bourassa once reduced Aboriginal complainants to “a pair of hips” to which a man “helps himself” and suggested that Aboriginal women are sexually assaulted because they are often drunk and passed out. His lax sentences were legendary—he once handed down a sentence of one week imprisonment plus eight months probation to three men convicted of sexually assaulting a developmentally challenged 13-year-old girl. In another case he suggested that non-Aboriginal women suffer vaginal tears and psychological trauma from sexual assault, while Aboriginal women do not. Such Trump condoning attacks against rally protester sentiments call to mind Shylock’s famous speech, but no amount of poetic eloquence can disabuse judges like Bourassa of their bigotry. The Camp case and the other examples cited underscore the importance of defence counsel proffering only proper evidence for proper purposes. Unfortunately, it is simply impossible to rely on judges to separate the wheat from the chaff in sexual assault evidence when they are still evoking the prohibited myths and stereotypes themselves. When these comments come from the bench, it is particularly pernicious. These comments are written in black and white; there is no “he said, she said” here. The federal court has decided to keep him on the bench, at least for the time being, but has, thankfully, said that it will keep him from hearing similar cases. Federal judges can only be removed by an act of Parliament, and it is very rare that it will choose to do so. If the CJC recommends removal, it is possible that the judge will simply resign to save what face there may be left to save. Camp has issued a standard form apology, and like Dewar, has promised to take a gender sensitivity course. This is not about gender sensitivity, however: it’s about rational thinking, and unfortunately, there are no courses that can help with deficiencies in that arena. The relatively progressive state of the law is thrown into sharp relief when one sees how sloppily it is applied—or ignored—by the bar and bench.  u Auctions » continued from page 12 million in May 2015. In total, the 9 November sale realised nearly half a billion dollars ($491,352,000) for only twenty-four lots sold, including Roy Lichtenstein’s painting Nurse that sold for $95.3 million, almost doubling the previous record for the artist of $56 million. PHILLIPS - $66.9 million, auction total For their November auction, Phillips decided to have an inaugural “20th Century and Contemporary Art” sale. Totalling $66.9 million, a highlight included Willem de Kooning’s Untitled XXVIII that sold for $11.4 million. The sale was different from previous Phillips auctions as it tried to focus on blue chip artwork rather than the usual cutting edge, emerging artists Phillips is known for. The auction total was just above the low estimate, however these numbers will not remain this low for long. In September, Phillips revamped their 20th century and contemporary art departments, with former Christie’s specialists leading the way. It will be interesting to see what their May auction brings. ◆