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Trek Yo'self Before You Wreck Yo'self

On stardate 42523.7 (October 26th, 2364 for those of us in the 21st century), the crew of the USS Enterprise-D, under the command of Captain Jean-Luc Picard (Sir Patrick Stewart¹ at his finest), pulled into Starbase 173 for what was presumably a routine stop. For one member of Picard's crew, this visit resulted in a fight for his life and autonomy, but not against an enemy of Starfleet.  This battle was to be fought against an overzealous officer from within their own ranks.

Great science fiction prompts us to imagine a world different from our own, to explore questions of ethics, morality, and even law. Cue episode 9 of season 2 of Star Trek: The Next Generation, entitled “The Measure of a Man”.²

This particular episode focuses on Lieutenant Commander Data (brilliantly portrayed by Brent Spiner³), the first and only android to serve with Starfleet. Upon their arrival to Starbase 173, we are introduced to Commander Bruce Maddox, a brilliant but overconfident science officer who wishes to dismantle Data in an effort to study and eventually replicate him. Though Data lacks the capacity for emotion, he is able to form and express preferences. With this in mind, he refuses to submit to the procedure. Data  subsequently resigns his commission in Starfleet when it appears to be the only way to halt the procedure.

The episode then transforms into a legal drama. Captain Phillipa Louvois, a legal officer, convenes a hearing over the issue. Commander Maddox takes the position that Data is property of Starfleet and therefore cannot resign. Capt. Picard is assigned to represent Data, while the case is “prosecuted” by Commander William Riker, Picard's First Officer and Data's good friend.

Riker elicits evidence that Data is merely a machine.  He is also successful in having facts read into the record. Specifically, that Data was created by a cyberneticist, that his positronic brain has an impressive processing speed that is unmatched by any other known life form, that he has superhuman strength, and that he can have his hand removed and be turned off without permanent harm.

Picard begins his arguments by wisely conceding that Data is a machine, but follows up by claiming that human beings are also “machines” of a sort, and that this is largely irrelevant. The matter at hand is whether or not Data is sentient. While questioning Maddox, Picard asks him what would be required to meet a minimum threshold for sentience. Maddox responds, “Intelligence, self-awareness, consciousness.” He effectively assists the court in formulating a legal test by which to assess Data's claim that his is sentient, and therefore unable to be held to be property.

Maddox quickly concedes that Data is intelligent, and Picard makes a fairly easy case for self-awareness as well. On the point of consciousness, Picard does not necessarily argue that Data is conscious, but that “consciousness” is a criterion that is exceedingly difficult to test. He proposes that if Data can meet even the lowest standard of consciousness, he must be sentient.

In his closing, Picard states that someone will eventually succeed in replicating Data. It is the court’s decision in this matter that will determine how humanity and this new race of artificial life forms will interact. He effectively asks the court to look at policy considerations regarding “the boundaries of personal liberty and freedom”, finally asking, “Are you prepared to condemn him and all who come after him to servitude and slavery?”

Needless to say, Picard wins the day and Data wins his autonomy. Acting as judge, Louvois concludes that she doesn't really know what Data is, but that he should have the freedom to explore these things for himself.

Most television shows that focus on law make some legal errors, and this episode is no exception. Picard's calling of a “hostile witness”, his questioning of Data while Maddox is giving evidence, and the court referring to Riker as the “prosecution” despite Data not being accused of any crime are three examples that come to mind.  Much of this is excusable, as it allows for a complex legal issue to be resolved in 45 minutes of screen time.  

Having said that, “The Measure of a Man” was accurate in a couple of important aspects. After the parties agreed to a test for sentience, they were both correct in arguing for how it should be applied. As is often the case in law, policy considerations were a major deciding factor. Picard's argument that ruling Data as property would open the floodgates for future enslavement of similar beings was enough for the court to view sentience with the broadest application possible, basically erring on the side of autonomy over the potential for slavery.

Even for those who might not have an affinity for science fiction, “The Measure of a Man” is worth a watch for it's value as a legal drama.

 

1 online: Twitter <twitter.com/SirPatStew>.
2 “The Measure of a Man”, Star Trek: The Next Generation (Hollywood, Cal: Paramount Domestic Television, 1989).
3 online: Twitter <twitter.com/BrentSpiner>.

Let Loose the Dogs of Yukon Heritage Day!

If we were to ask any non-Canadian what they know about Heritage Day, we would likely be met with a look of confusion. Truth be told, if we were to ask any Canadian the same question, it is likely that they might only know their province's version of it. Here in Alberta, where it is celebrated in August, it is often simply referred to as “August Long”, and frequently used to camp or travel.

Many provinces celebrate Heritage Day on the third Monday of February. It was originally created in 1973 by the Heritage Canada Foundation¹ and was intended to be a national holiday. Due to Parliamentary shenanigans, this national holiday failed to be passed into law, so many of the provinces celebrated however they pleased. For some of them, it meant doing nothing until some time later, when they enacted their own provincial statutes to establish the holiday.

Yukon Territory, on the other hand, was an early adopter. In 1975, Yukon had assumed that Parliament would pass the Bill to establish a National Heritage Day. In response, the territory established their own Heritage Day on the Friday preceding the last Sunday in February. Further, they wrote the holiday into the union contract for territorial employees². With the new law in place and the contract ratified, the holiday could not be easily removed. Consequently, many non-government employees in the Yukon also now enjoy the holiday.

Whitehorse, the capital of Yukon Territory hosts the week-long “Yukon Sourdough Rendezvous”, which is a festival with something for literally everyone. Based on the names and descriptions alone, our favourites include the Chainsaw Chuck (not to be confused with the Axe Throw later in the day), the Hair Freezing Contest (sponsored by a local hot tub company), and various dogsled-related events, culminating in a Dog Howling Contest.

We love that this holiday and its accompanying festival showcase one of the best things about Canada. As Canadians, we can all relate not only because we like to have fun, but also that we have a habit of poking a little fun at ourselves. The great people of Yukon Territory have done a great job of finding the perfect balance of recognizing and celebrating their unique culture, while having some lighthearted fun.

For those of us unable to make the trip to Whitehorse this weekend, Heritage Yukon invites those of us who use social media to use the hashtag #mycanadais to help celebrate the 150th anniversary of this diverse country that we share.

 

¹ “Heritage Day: Canadian Holiday” in Encyclopaedia Britannica (Encyclopaedia Britannica: 2017) online: <https://www.britannica.com/topic/Heritage-Day-Canadian-holiday>.
² Gail Kudelik, “Provincial and Territorial Holidays” in Canadian Encyclopedia (Historica Canada: 2015) online: <www.thecanadianencyclopedia.ca/en/article/provincial-and-territorial-holidays>.

Ice on Whyte celebrates Canada 150

The Dominion is grateful for its readers nationally and internationally. Because we are based in Edmonton, we will promote and review events in Edmonton that celebrate Canada 150. We will also report on the Centre for Constitutional Studies events that feature excellent and interesting lecturers.

If you’re not in Edmonton, our event reviews are still designed to educate or entertain you. And if you’re elsewhere in Canada, check out Canada150.ca for events near you. 

Today’s post reviews Ice on Whyte, an annual ice-carving competition near Whyte Avenue with submissions from expert carvers around the world! It is located on Tommy Banks Way, which is fitting because Tommy Banks is a musician, former Canadian senator, and boasts a doctorate in laws and being awarded the Order of Canada. Events continue this coming weekend: Thursday and Friday 2pm to 10pm; Saturday and Sunday 10am to 10pm.

As is evident from the name, Ice on Whyte features a lot of ice. Whereas some Edmontonians might wish for warmer Januaries, the elaborate ice sculptures need the current temperatures to stay below zero for just a few more days.

The festival is mostly family friendly, but if you are looking for an 18+ environment, keep your eyes peeled for adults-only entertainment in the entertainment tent (at 2pm it turns into the Edmonton Beer Geeks Anonymous saloon). On Friday, January 27th, guests were treated to a vaudeville-style show with burlesque dancers and a contortionist/escape artist. The opening act, comedy duo Bud and Yolanda, set the evening’s bawdy tone with an upbeat song about an unfortunate, friendly cat; complete with double-entendre and a Trump joke.

  When the entertainment tent is not limited to an 18+ audience, it is open to minors. The “Ordinary People… Extraordinary Stories” exhibits recognize history made by notable Canadians, such as Alex Decoteau: member of the Cree nation, Olympic athlete, soldier, and the first Indigenous police officer in Canada. He attained the rank of Sergeant the Edmonton Police Service and died serving his country during the second battle of Passchendaele in World War I.

Across the fair grounds, the Second Cup Coffee igloo offers coffee for a $2 donation and hot chocolate for $1, as well as hosts quality local live music. Behind the igloo, both kids and adults can enjoy the giant ice-slide. Actors role-play to share history from Confederation-era Canada, especially appropriate for this year’s celebrations. Sit down for a fireside chat or climb into the giant canoe and pretend to paddle down the North Saskatchewan River. Please note that actually paddling down the North Saskatchewan in January is generally considered to be unwise.

Next Sunday, the tent will host the Old Strathcona Farmers Market Stew Off. If you can’t make the stew off, several food trucks are on site daily to take care of your hunger.

In addition to daily crafts, test out your carving skills with ice-carving challenges for kids and adults. Grab a hot chocolate and enjoy a sleigh ride, or watch the fascinating skill of the blacksmith demonstration. No matter your age or interests, this winter festival showcases some great Canadian talent and culture. This 1-page festival guide will help you plan your visit.

Goodbye Deirdre, Hello Allison!

We are excited to introduce our newest member of the team, Allison Numerow. She will be attempting to replace the irreplaceable Deirdre Fleming as the fifth member of the Law and Social Media team. Allison is a second-year student here at the University of Alberta Faculty of Law. As a 20-something born into the age of technology, she is eager to use social media to connect readers to topics relevant to the Constitution and to continue to develop her research and writing skills. She’s excited to join the other bloggers and bring you thought-provoking and creative posts every day!

Born and raised in Calgary, Allison left Texas of the North when she turned 18 to attend McGill University. There she achieved a Bachelor of Arts in Psychology. During her four years in Montreal, she worked in two music cognition laboratories, running experiments on willing victims… I mean students. She conducted experiments on both how babies respond to musical stimuli and dance, as well as the effects that different types of music had on neutral visual stimuli. Outside of classes Allison was a member of a pop music a cappella ensemble because she wanted her life to resemble Pitch Perfect (and still does!).

In the final year of her degree, Allison realized that her education would, of course, require more education. Hence, after graduation she found herself at U of A Law. Allison used her first year at the U of A to educate herself both on the law as well as contemporary issues in the legal world. As she soon discovered, Constitutional Law was her favourite class. Law and Social Media provides a platform for Allison to explore the Constitution and its impact on current issues, evolving case law, and other relevant topics. As a classically trained singer and Harry Potter “nerd”, she is excited to combine her interests with the Constitution. This semester, she will explore popular music from 1867, as well as the potential constitutional issues in some of the laws of the magical wizarding world, to name a few. She will also explore other important and up-and-coming topics including drones and Dolly the Sheep.

When she isn’t watching the Bachelor, Allison is busy working on her colour-by-numbers colouring book. Her friends and family say she’s too old for such hobbies, but she insists that when you have no artistic ability, creative assistance is necessary.

City v Scholar

For those of  you enjoying your well-earned holiday vacation. March 1601 wasn't that long ago, from the sequoias and redwoods perspective; even some oaks.

From "The Workhouse:  The Story of an Institution"  http://www.workhouses.org.uk/Oxford/

Robert Phillis, weaver, shall be delivered unto him twenty powndes towards the settling on worcke in spynning of lynnen and in carding and sorting of wollen with the cytty and suburbes, wherein specyall regard must bee had that the idle and loytring sort be sett on workce, and yf they refuse and doe their worcke amysse, that they be punnyshed by whipping

That probably wouldn't work under today's labour laws in Canada. 

1601 is an important year in UK social history: "... the 1601 Act for the Relief of the Poor has come to be regarded as a milestone in British social legislation. It created the framework for poor relief in England that was to last until ... [1834]."

See http://www.workhouses.org.uk/poorlaws/1601intro.shtml

But, in any event, the "idle and loytring sort" mentioned in the except would never have been the University of Oxford scholar seated in, for example, the Christ Church Meadow or an All Souls Quad ceaselessly contemplating the eternal ineffable. That scholar couldn't, officially, have been an earlier version of me for long stretches in Oxford's history:see http://www.jstor.org/stable/29777111

That's part of a story for another day, part of which is hinted at by the name of part of path along Merton College's south wall: "Dead Man's Walk.

 

Oxford (UK) Thoughts - December 2016 (part 1ish)

1.  This year, in countries that use the Gregorian Calendar, Chanukah begins on the evening of 24 December 2016 and ends on evening of January 1 2017. There's probably something poignant, something humorous, and something that combines both that can be said about the first coincidence. The floor - meaning this blog's comments section - is yours.

I'll leave comments about the last until coincidence until after January 1.

2.  My list of things I so far haven't yet been able to find in Oxford and related thoughts. This isn't the full list of either, yet; however, the number of the latter may wane as my internal quantity of Christmas and other spirits grows. I tend to add and subtract at will, regardless of the state of my ... searching. (Relative sobriety is a given.)

•     An invisible Chanukah bush - emperor's quality - new or otherwise. Think about it. I'm working on this one. I still have  time.
•     related to #1, above, an electric menorah for purchase in a "bricks and mortar" location. Using advanced search techniques - Google supported by DuckDuckGo - I'd identified a possible location given that its web site lists "Chanukah Menorah £1.50" as one of the items for purchase. (The price should have alerted me to the fact that it wasn't going to be electric, as should some of the particulars related to the location of the "store").*
•     Another item a few lines up on the list of the store's available items to purchase might require some explanation that I'm not going to exactly provide, other than noting that it's not a listing for a good Hawaii'an punch or a mid-range shot of single malt, or of some unusual Eastern European Jewish form of martial arts: "Shabbos belt £3.99".
• *   Unfortunately, I subsequently determined (as I should have suspected) that the location in issue sells only menorahs for which candles are obligatory. I was told that I could also get small candles which likely lasted for no more than .5 hours. I declined. A lit unwatched candle doesn't care about its age. So, will I have one more plausible option, the better recourse now probably online. I should have suspected because the location is related to an Orthodox Jewish organization which is orthodox enough that electric menorahs "just won't do". And, besides, if one can't work on the Sabbath - working includes turning on electricity: i.e., flicking a switch - an electric menorah isn't going to do any good for those Chanukah days that overlap the Sabbath.
•     No, I'm not observant. I need an electric menorah to go with my invisible Chanukah bush. Think about it some more.
•     The 4th edition of Sopinka, Lederman & Bryant, The Law of Evidence in Canada (LexisNexis etc). I'm going to have to have a wee talk with the Law Bod PtB in the New Year. There are, after all, a few Canadian law types in Oxford who, for some reason, occasionally need to look at the leading text on the Canadian law of evidence when considering what Canadian judges should understand and lawyers might understand.
•     But only because I haven't yet physically put my hands on it, because I now know it's here, the 3rd ed of Angela Swan - ahem: the book, not the person;  note the pronouns, please - Canadian Contract Law (LexisNexis etc). I know the book is in Oxford because I asked the PtB in the Law Bod to order it, they did, and I've been told it's here. I need it because, not unusually for a law researcher, I need to know what those people who usually do know the better answer to many questions have said about some of those questions. I brought only my copy of the 1st edition with me. (She signed it.)
• Yes, I could have asked Angela, but see "law researcher".

3.  On the purpose of law texts. While Swan, Canadian Contract Law, is also a "go-to" Canadian text - I'd argue at least one of "the" such texts - for current and former barrister (litigator) types who need to know what the law is, and ought to be, for dispute resolution purposes, that isn't its primary purpose. Rather, the text is written from the perspective of the transactional lawyer on the premise that at least one of the common desires, expectations, hopes, intentions, what-have-yous, of the parties is that the transaction to which the contract relates won't end up in the hands of  ... people who occupy a role such as the one that I used to occupy: one's lawyers because something has gone wrong. 

•     Those of you who intend to become transactional lawyers, even if you leave Canada to practice law in another jurisdiction that uses an English based model, will do well to consider whether that form of contract text is the first you should consult, once you're in practice, if you decide you need to consult a text.

•     A premise of the text is that transaction lawyers should focus on keeping their client's business issues, to the extent practical, out of the hands of litigators. Sounds reasonable, doesn't? (Well, except perhaps to litigators looking to buy their next house in the ritzier parts of ...).

•     If a person in business has, on retainer, a lawyer-acquaintance in the dispute resolution side of the legal profession who, when asked to give his card to someone who does not yet need him or her, DOES NOT say, "contact me if you need be BUT I hope you never need me" then the former should consider finding a different lawyer-acquaintance in the dispute resolution side of the legal profession to keep on retainer.

•     I need a bigger magnifying glass. Or I may have to trade in my i(diot)Pad mini for the full size model of a (doubles usefully for a Windoze mouse-pad when one is sitting in a cross-legged position on a hotel bed, with one's Windoze variety laptop on one's lap, and one needs to use a mouse) i(diot)Pad. The camera function on the tablet is usually good enough for print that's too small for my current set of naturally-grown eyeballs. 

4.  It's 12/12/2016 today, which means I'll get the date right if it's written numerically no matter the order.

Gone Up To Oxford To Read Law #2 - Nov 2016 (part 1)

This is the second in my irregular monthly postings on life in Oxford as a 65 year old graduate student in the University of Oxford Faculty of Law. You'll find #1 here.

Halloween on the Plains of Abraham: Québec Tourism and History

Joyeux Halloween, Mesdames et Monsieurs!

This week, we focus on how the BNA Act and the Constitution Act, 1982, affected Québec. The Dominion team chose this week to focus on Québecois history under Confederation because Friday, November 4th, marks the 35th anniversary of “la nuit des longs couteaux”, or “the night of the long knives”, when Minister of Justice Jean Chrétien (as he then was) met with all the provincial premiers… except Québec Premier René Lévesque.

That’s a scandalous story for later this week, but today, we kick off Québec week by reviewing the Battle of the Plains of Abraham of 1759. Incidentally, every year the City of Québec throws a spooky Halloween party in the Joan of Arc Gardens at the Plains of Abraham. The Plains are Canada’s oldest national historic park, likely named for Abraham “the Scot” Martin, a sailor and fisherman friend to Samuel de Champlain.[1] If you’ve visited Québec City, you’ll likely agree it is aesthetically impressive. Because of its coveted geographic position, France had built up remarkable fortifications around the city to prevent the inevitable British invasion.

During the Seven Years’ War from 1756 to 1763, the British and French colonial forces were vying for economic and territorial expansion in many areas, including North America.[2] The battle at Québec City was for a strategic position in the region. Québec City was the cornerstone of what was known as New France at the time. Recognizing its importance in international ship trade, its access to waterways, and its significance in the fur trade, British forces attempted to siege the city several times.[3] The 1759 Battle of the Plains of Abraham and the 1960 Battle of Sainte-Foy nearby sealed the fate of New France’s subordination to British rule, leading to Québec’s subordination to British confederation 100 years later.

It is estimated that up to 20,000 men rallied to fight for the French Army, which was approximately one third of the population in New France at the time.[4] Unfortunately, despite the high numbers of French fighters, the majority were unprofessional militiamen, with only about 3,700 troops (including approximately 1,800 Indigenous allies) regularly manning the fronts. The British Army’s well-trained professional soldiers only needed about 4,400 regularly placed troops to defeat the French in less than half an hour on the Plains.[5] Both the French and English Generals died from their injuries in the battle.

The French Army surrendered the City just a few days later. Despite the city’s strong fortifications, the French were not confident that the city could withstand British attack. Pressure from residents to surrender was enormous.[6] The French Army decided that it was better to negotiate a surrender than to risk more casualties and destruction to the city. One third of private residences had already been burned down and many more needed drastic repair. Almost all public buildings had been damaged. The formerly French citizens now had to swear allegiance to the British Crown and struggled to maintain their religious freedom.

Compared with most cities in Canada that developed over the last 150 years, Québec boasts a history evident in its architecture. Beautiful stone and brick structures remind one of centuries-old European cities. The fortified walls leave a legacy of the battles for control of this strategic city on the St. Lawrence River. If you have the chance to visit, check out Halloween on the Plains of Abraham from October 1st to November 6. There are Halloween decorations in the parks, haunted tours for families, spooky stories for older children, and scary historical legends and tours for adults.[7] The tours are available in English upon request.

Cordialement,

Le Dominion du Canada 2017

 

[1] “Plains of Abraham (Battlefields Park)”, National Battlefieds Commission, online: <www.quebecregion.com/en/historic-sites/plains-of-abraham-battlefields-park>; “The Tale of a Toponym”, National Battlefields Commission, online: <www.ccbn-nbc.gc.ca/en/history-heritage/site-history/illustrious-park>.

[2] “Plains of Abraham”, National Battlefields Commission, online: <http://www.ccbn-nbc.gc.ca/en/>.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] “Halloween”, Plains of Abraham, National Battlefields Commission, online: <www.ccbn-nbc.gc.ca/en/activities/halloween/>.

Gone Up To Oxford To Read ...

Law.

In my continuing quest to eliminate, or at least avoid, the need to shovel or walk in snow unless I've chosen to be (1) on or near enough to mountains and high enough that snow is to be expected (2) in winter on ice that badly needs a scraping, I've relocated to Oxford. (England.) It's also true that Oxford's decision to admit me as a candidate for an Mst in Legal Research had at least something to do with that decision. The residence requirement for first-year graduate students is: have one's residence within 25 miles of the city centre, absent appropriate permission or unless required by one's course.

I will, over the course of the next year plus, report irregularly on life, in Oxford or in the United Kingdom, usually as a mature (let us concede at least by age, so as to avoid argument at this stage) Canadian graduate student in Oxford's Faculty of Law. Or something at least marginally related to that. 

I will make no attempt to keep my observations above or below the PG levels.

In that vein, my first report is on the quality of the toilet paper in the Examination Schools. Let's just say that it's a good thing that, based on Oxford's recent ranking as the overall best university in the known world, we know at least one quality that wasn't taken into account. It is, one might say, stern on the stern. My second is the reminder that in medieval cities it doesn't hurt, and is less likely to be part of the cause of hurt, if one is shorter than the current average. There are still many doors which make one (almost) feel tall.

My college? St. Hilda's: a 10 minute walk from where I live, unless I stop to eat at any one of the very eclectic, very good, choices on the way. Getting to the college the fastest way requires that I cross a ROUNDABOUT. Capitalization intended. I'll write about that bit of topography in due course. There are certain survival skills that one needs to acquire sooner rather than later. 

Why Oxford? For now, other than that I didn't apply any where else AND Oxford accepted me? It's my belief that Oxford has better gargoyles and grotesques than does Cambridge. It's also closer to the Stratford: Stratford-upon-Avon. It has nothing to do with HarryPotterIsm. 

Canadians looking to live in Oxford's weather can acclimatize by spending a fall/winter/spring in Vancouver. One difference is that Oxford doesn't have Vancouver's awnings. (Nor, so far at least, yawnings, but that's an issue for another day.)

The law faculty building and the law library? They're about 20 minutes at an amble from where I live, usually by a route that requires me walk along a long wall on a street called, rightly, Longwall. (The wall is on the right, too, as I walk to school from home.)

The Bodleian, itself? 10-15 away.  

The first week of Michaemas term - "fresher" week a.k.a. orientation week a.k.a. "zeroeth" week starts tomorrow: Sunday, Oct 2. That's a small ha-ha to all of you who have been slaving away at your courses since early September; perhaps even late August. 

And yes: I do consider it ironic, and humorous, that I gave up a life of regularly (enough) wearing one sort of medieval robe to switch to another which I'll have to wear even more often. On the other hand, the new version isn't yet as ostentatious as the old; nor did it cost as much. On the third hand - Larry Niven fans will get the reference - I'm required to wear a dark suit, white shirt, black shoes and (usually) a black tie when wearing that robe. It's like being in court again but wearing a version of one's lawyer's gown over one's suit.

In the UK, one drives on the left and, on escalators, walks on the left. That makes the UK more consistent than North America on that front.

Finally, for now, I have literally gone up to Oxford. Afula, Israel, where (I'm told) I made my first appearance on the planet is at 32.6105°N latitude; after that, I lived farther south for a few years. Toronto, where I lived for most of my life in the last millennium, is at 46.635°N. Vancouver, where I lived the past few years, is at 49.2827°N and Oxford is at 51.7520°N. I point that geographical tidbit out as a current rejoinder to those who have suggested that, all things considered, I might be (ultimately) destined to travel in the other direction. They weren't referring to Australia.

Cheers from near Cowley Road, a few minutes walk south south-east of the Magdalen - not entirely pronounced in any logical sense approaching how the name is spelled, beyond taking int account 4 of the 5 consonants - Bridge. But, then, anyone familiar with how I pronounce my surname may say that I ought not to be heard to complain. (Too loudly.)

DC 

 

 

 

 

Interview with the Rt. Hon. Kim Campbell

Click here for Ms. Suffragette's interview with former Prime Minister of Canada, the Right Honourable Kim Campbell, P.C., C.C., O.B.C., Q.C., or simply press play on the video below. 

 

We hope that you enjoy this entertaining and informative interview with Ms. Campbell as much as we did filming it! Ms. Suffragette caught up with Ms. Campbell at her office at the University of Alberta, where she heads the Peter Lougheed Leadership College.

Ms. Campbell educates Ms. Suffragette member Leri Koornhof on: the history of Canadian women's suffrage, Etruscan equality, gender parity in politics and in Prime Minister Trudeau's cabinet, primate social sex attitudes, and women in leadership positions. We even toss Trump's name in there!

Letters from Dublin, Part I: Celtic Tiger, Hidden Danger

Yesterday was a "bank holiday" here in Ireland, where I am on location researching corporate governance and banking regulation. The reason I am researching this topic in Ireland is a tragic one for the Irish people: Ireland's 2008 banking crisis. Although the crisis was triggered by the subprime mortgage crisis in the US and the resulting global credit crunch, the primary cause of the banking crisis was imprudent lending practices by Ireland's largest domestic banks.

During the 1990s, Ireland experienced phenomenal real economic growth, attracting companies like Dell and Google, earning itself the moniker “Celtic Tiger”. This growth slowed significantly after the tech bubble burst in 2001, but the Irish Government was eager to keep the good times rolling with overly generous tax incentives to generate demand for houses and property development. These tax incentives weren't needed to solve any market failures, but they succeeded in driving up demand, which sent property valuations soaring. At the same time, a single currency and access to cheap credit from other European banks ensured that Irish banks were willing to lend large sums of money to home buyers and property developers, which sent prices even higher. Although the Irish banks (prompted by foreign-owned competitors in the Irish market) were doing things like offering individuals 100% mortgages, it was lending to property developers that got them in real trouble when property values started to fall in 2007. As the Nyberg Commission discovered, the banks had been lending to property developers solely on the strength of the inflated values of their proposed developments. When the credit crunch came, the house of cards threatened to collapse and take Ireland down with it.

Traditionally, banks rely on deposits from retail bankers as the source of the money they lend to others. During the property bubble, the Irish banks were relying too much on "wholesale funding" - loans from other banks - to support their frantic lending. Loans to developers and home owners are long-term - they will be paid back over the course of ten years or longer. But wholesale funding is short-term. The Irish banks had assumed, much like the rest of the global financial markets, that wholesale funding from other banks would always be available. So, when one loan was due, the bank would simply borrow the money from another bank to cover its liabilities, and so on. For Ireland's six largest domestic banks, when the crunch came, they faced the possibility of default and bankruptcy, and the Irish Government was forced to step in.

One of the interesting aspects of the Irish banking crisis is that many in the banking sector apparently recognized that what they were doing was unsustainable, but they were still unable to stop. It seems that the possibility of missing out on large gains was a more immediate concern than the risk of large losses and so management of the banks focused on gains. In some ways it is hard to blame them, since the market was rewarding them for what turned out to be extremely reckless and costly behaviour: the more money the banks lent, the more their share prices went up, so they kept lending larger and larger sums, often to a small number of the same (highly indebted)property developers. Which brings us back to the question of regulation. How can regulators recognize the beginnings of a bubble and put on the brakes before it's too late?

My Time at the Rhodes Academy of Oceans Law & Policy

I spent 3 weeks in Rhodes, Greece this past June-July studying oceans law and policy at the 18th Annual Rhodes Academy of Oceans Law & Policy. It was an amazing experience, and the short piece that I wrote for the U of A law website summarizing my experience can be found here.