Explore new issues in law with students from Queen's Law in Kingston, Ontario. They are not lawyers, and this is not legal advice!
The topic of the exchange of sexual services for consideration, more commonly referred to as prostitution, is quite controversial and often lends itself to strong opinions on both sides of the debate. However, the constitutionality of such work in Canada has developed rapidly, leaving many Canadians confused on its legality. A thorough answer to this seemingly simple question requires a journey with Bobbie Alvernaz through the development of the law on this issue; how Canada arrived at the laws on the books today, the claims in favour of the current laws, and how dignity and equality rights are ultimately central to Read More ...
This show explores the law of finders: This is the term used to refer to the collection of rules governing ownership of lost or abandoned property. Everybody learns a simple rule at an early age: finders keepers. But while the law does back this phrase to an extent, it's often much more complicated. We explore some of the case law and look at the many factors that the courts consider when deciding which party gets to keep a found item. We also interview Professor Mohamed Khimji of Queen's Law to gain his insight on why this area of law is so convoluted Read More ...
In August 2022, the State of California restricted the use of rap lyrics by prosecutors in criminal trials by passing a Bill which now requires judicial review of rap lyrics prior to admittance. This new Bill across the border offers an opportunity to assess the admissibility of rap lyrics in Canadian criminal trials. This is not a podcast that is aimed to make you like rap music. This podcast is not trying to claim that all rappers who are charged with criminal offences are innocent. This podcast is concerned with something much more simple; the denial of justice. Our esteemed Read More ...
As a historical point of contention for the Canadian Charter of Rights and Freedoms, section 33, also known as the Notwithstanding Clause, has been a topic of discussion for decades. What does section 33 mean? How did it come about? What have courts said about it in the past? Can its use be limited? These are inquiries from various media sources that are answered in this podcast. In this episode, I am joined by Professor Jacob Weinrib to discuss section 33 of the Charter. As a public and constitutional law instructor, Professor Weinrib has taught at Queens Law since 2015. He has been Read More ...
Internet regulation policies have huge implications for the Canadian public given the central role played by online platforms in our daily lives. Last year, the Canadian government put forth a series of proposals concerning internet regulation that proved to be quite contentious. There was Bill C-10 (now C-11) which would amend the Canadian Broadcasting Act to bring it up to speed with the internet age. There was also an online harms proposal that would regulate social media platforms in how they handle harmful content. These proposals touch on many important topics including freedom of expression, consumer choice, and the internet experiences that Read More ...
This episode provides an examination of tort reform in Canada, with an expert in the field. This episode examines the existing tort system, how it could be changed, who is seeking this change, and (in that vein) how different people will benefit from this. We examine common misconceptions about the law of torts, and how said misconceptions lead to calls for tort reform. We also examine how the movement for tort reform has spread into Canada from abroad. Joining the Pro Bono Radio team to discuss tort reform in Canada is Professor Mary-Jo Maur. Professor Maur is currently a professor at Read More ...
Britney Spears has made headlines in the media since 2008, most notably with the #FreeBritney movement to inspire the end to her conservatorship controlled by her father. Fans were concerned for the 13 years that her conservatorship lasted. She was still performing and recording albums, which many thought was strange as conservatorships are imposed on those who are incapable of making their own personal decisions. Her life has sparked conservation about similar laws in Canada and what might have happened if she were in Canada. Joining the Pro Bono Radio team to discuss Ontario's legislation around decision-making laws is Professor Read More ...
“Governments are going to have to think more seriously about whether just a negative role in the freedom of expression is going to be enough”. Section 2(b) of the Charter of Canadian Rights and Freedoms is premised on values that have been recognized as essential to society for millennia. The context in which the freedom of expression is evoked, however, is changing before our eyes. Join a first-year queens law student, Austin Layng, and Associate Professor at Queen's Faculty of Law, Cherie Metcalf, to learn about what activity is covered under the freedom of expression, how the government can justifiably infringe Read More ...
Ontario's Succession Law Reform Act governs the province's Wills & Estates law. As a statute, it deals with issues like the formalities for making a valid Will, how someone's property is distributed when they die without a Will and the rules governing dependent support requirements for estate distribution. New changes to the SLRA came into effect in January of 2022 and could have some potentially profound implications. A few of these changes include; witnessing Wills with the help of audio-visual technology, a new definition for “separated,” and that one's Will is no longer automatically revoked upon marriage. Joining the Pro Bono Radio team to discuss Read More ...
In the midst of the pandemic, it is clear that the Canadian prison system needs to change. The only question is how we should aim to change it. Some advocate for prison reform, while others stress the need for the abolition and replacement of the system altogether. Looming over this debate is the practice of solitary confinement, which has become increasingly common in Canadian prisons during the pandemic. In this episode, we discuss and break down this debate with our esteemed guest, Professor Lisa Kerr. Professor Kerr is currently an assistant professor at Queen's law and has published several papers and Read More ...
In today's digital age, social media has evolved to become an important, and sometime necessary, part of everyday life. With the boom of social media, personal information has become increasingly available and accessible. Correspondingly, some employers have begun to use social media to screen candidates during the hiring process and learn information about them beyond what is provided in their resume and cover letter. However, while candidates' information may be just a few keystrokes away for many employers, there are many risks associated with employers' use of social media. Joining the Pro Bono Radio team in the studio to discuss Read More ...
This episode takes a dive into the world of cryptocurrency, blockchain, and the new world of NFTs (or non-fungible tokens) and looks at their explosive growth in the past year as well as what the future holds for them. The focus of this episode will be to introduce what NFTs are as well as some of the current legal questions surrounding their use, particularly in the copyright, contract, and ownership settings. [This episode was recorded in April, 2021]. Production: Glen Harrison – Producers, Hosts and Editors Pro Bono Radio is part of the Queen's chapter of Pro Bono Students Canada. Read More ...
Shoplifting Civil Recovery Letters present unique challenges to both consumers and the legal community. The legitimacy of Shoplifting Recovery Letters remains shrouded in the mystique of “The Law”; hidden from society at large, the practice is at best ethically questionable. Professor Amy Salyzyn explores the issues surrounding this practice in their paper: “Zealous Advocacy or Exploitative Shakedown: The Ethics of Civil Recovery Letters”. In today's episode, Chris and Kevin are joined by Professor Salyzyn as they discuss the ethical conundrums that are Shoplifting Civil Recovery Letters. A special thank you to Ketsa, whose music was used in both the intro Read More ...
The advent of the internet and proliferation of social media has necessitated legislatures and courts around the globe to consider how to best address internet-based legal wrongs. On this week's episode of Pro Bono Radio, Emily and Rebekah discuss the Canadian common law's response to online harassment and the fashioning of cyber-based remedies. They will explore the recent Ontario Superior Court of Justice decision, Caplan v. Atas, which recognized the novel tort of internet harassment, the significant development it marks, and the implications of the decision going forward. Production: Emily Milana & Rebekah O'Hare – Producers, Hosts and Editors Pro Bono Read More ...
The Pro Bono Radio team talks to professor Bill Flanagan about the overcriminalization of HIV disclosure from a public health disclosure — examining the barriers to testing, public health implications, stigma and chilling effects stemming from criminalization, and the “public health imperative” of striking an appropriate balance. (Note: this episode was recorded during the 2018-19 school year; Bill Flanagan was Dean of Queen’s Law at the time of recording; the current dean at this posting (January 2020) is Mark Walters). Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are Read More ...
Indigenous law students at Queen’s Law talk about their experiences as Indigenous students at the law school — both positive and negative — including reconciliation and the Truth & Reconciliation Commission’s Calls to Action, the problematic name of the school’s building, and thoughts on how law schools in general are succeeding, and still challenged, to address the needs of Indigenous students. Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice. Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Read More ...
Is Canada hewing too close to an American ‘stand your ground’ defense philosophy? Professor Noah Weisbord (Queen’s Law; author of The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats) and Pro Bono Radio’s Parnian and Luke break down Canadian self defense law, from the Lucky Moose case to Cormier and Stanley, and the shift in Canadian defense law from prioritizing preserving life, to prioritizing property. Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal Read More ...
The Pro Bono Radio team talks mandatory victim surcharges with professor Lisa Kerr — why were they declared unconstitutional? How did these issues arrive before the Supreme Court, and why was it deemed “cruel and unusual punishment”? The justice system, principles of sentencing, and much more are covered in this episode of Pro Bono Radio! Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice. Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!
Saroosh sits down with Leo Katz of Penn Law to take a deep dive into legal loopholes! The author of multiple books, Leo takes us through his ambitious theory of loopholes and restrictions — starting from the foundational question of what a loophole actually is and abstracting toward a general account of the creation of loopholes. The Pro Bono Radio Queen’s team are not lawyers, and this is not legal advice! It is, however, created as a project of PBSC Queen’s, itself part of Pro Bono Students Canada… and produced at Queen’s Law.
Justin Trudeau has famously walked back on a promise to reform the federal electoral system away from first-past-the-post — in Ontario, the Doug Ford conservative took over 60% of the seats in Parliament, but with under 40% of the vote. The Pro Bono Radio Team look into what proportional representation works, how the law affects it, and what legal paths to reform might look like. The Pro Bono Radio team are not lawyers, and this is not legal advice!
Loot boxes! A surprisingly deep (and new) area of law — is it gambling? Is it legal? How will the gaming industry be bound by law as loot boxes and issues around them continue to evolve? The Pro Bono team digs into the issue, and the age-old debate of paternalism in the law vs. permissiveness, the need to protect minors, and more. Our hosts are not lawyers, and this is not legal advice!
The Pro Bono Radio team discusses consent, in the context of the #MeToo movement and recent and emerging issues. They’re joined by Queen’s Law professor Don Stuart, a living legend in Canadian criminal law circles. Content warning: this episode discusses serious issues concerning sexual assault. The Pro Bono Radio team are not lawyers, and this is not legal advice.
Download Pro Bono RadioLive in the Lounge was recorded on November 19, 2015, and features a discussion on Taylor Swift and copyright law, with special faculty guest Lisa Kerr and music by members of the Queen’s Law Choir.