Max sits down with legendary environmental lawyer and former University of Victoria Professor Calvin Sandborn to talk about his long and incredible career.
Hosted, recorded, and edited by Max Gross.
Theme song by Max Gross.
Recorded at CFUV Radio in Victoria, BC.
The Federal Court of Appeal recently held in La Rose v Canada 2023 FCA 241 that the novel claims of the youth challenging the federal government’s response to climate change can proceed to trial. Indi and Professor Chris Tollefson, who is co-counsel for the youth, discuss climate litigation, positive section 7 rights and what this decision will mean going forward.
In 2014 the SCC unanimously recognized in Tsilhqot’in Nation v British Columbia that the Tsilhqot’in Nation has aboriginal title to over 1750 square kilometres of land southwest of Williams Lake in the Nemiah Valley. Indi talks to Chief Roger William, the original named plaintiff in the land title case, to discuss Tsilhqot’in law, Chief Roger’s 25 years of involvement with the land title case and his vision for his community’s future.
Second half of 1L is a different kind of challenge but you will survive it - trust us, we've been there! Max, Indi and Jess introduce themselves as the hosts of the fifth season of Stare Indecisis and the tips that they wish someone had told them during spring semester of 1L.
The Supreme Court of Canada is expected to release its decision on Dickson v Vuntut Gwitchin First Nation in the coming weeks. Krista Robertson, counsel for the Vuntut Gwitchin First Nation, represented her client in all three levels of court. Indi and Krista discuss whether the Charter should apply to laws passed by self-governing Indigenous nations and why the analogous ground of Aboriginality-residence should not be applied to the facts of this case. This case also gives the SCC an opportunity to provide its first definitive direction on how section 25 of the Charter should be interpreted and applied.
Host Cassidy Menard interviews Garima Karia, recent law school graduate and future clerk for the Supreme Court of Canada. Garima is one of six authors published in Volume 28 of Appeal: Review of Current Law and Law Reform. Her paper “When Words Can Do Justice: Assessing the Novel Relationship Between Legislative Drafting and Access to Administrative Justice in Yukon and Canada” explores the connection between thoughtful legislative drafting and access to justice.
Tune in for a range of conversation, including Garima’s time at the Yukon Human Rights Commission, her use of Amartya Sen’s expanded capabilities approach in a legal context, her love for author Jesse Thistle, and her experience working with the editors of Appeal Law Review.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com.
Host: Cassidy Menard
Guest: Garima Karia
Editing: Cassidy Menard
Music: Machinery by Eddy
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
In this podcast, Patrick interviews Patricia Hughes about Section 33 of the Canadian Charter of Rights and Freedoms, also known as the notwithstanding clause. They discuss its history, recent invocations, and its potential for misuse.
Angus Reid Institute Study: https://angusreid.org/canada-constitution-notwithstanding-clause-bill-96-bill-28/
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com
Hosts: Patrick McDermott (he/him)
Editing: Patrick McDermott
Theme Song by Logan Aitken
Interstitials: Machinery by Eddy
You can’t handle the truth!! (of these rankings).
Join hosts Cassidy and Max for a totally-not-definitive tier ranking of nearly 30 lawyer films from the 1950s to the present. With little to back their opinions besides personal taste and unreliable memory, they grade some of cinema’s most renowned courtroom dramas including Legally Blonde, The Firm, 12 Angry Men, Erin Brockovich, My Cousin Vinny, and more!
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com.
Hosts: Cassidy Menard and Max Gross
Editing: Max Gross
Music: Machinery by Eddy
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
Tom speaks with Professor Rebecca Johnson about the modern true crime boom, its effects on victims and their families and whether it might actually be a good thing.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com.
Guest: Rebecca Johnson
Hosting and editing: Tom Ndekezi
Outro Music: Machinery by Eddy
Theme Song: Logan Aitken
Media Matters, “Common portrayals of Indigenous people”, online (blog): <https://mediasmarts.ca/digital-media-literacy/media-issues/diversity-media/indigenous-people/common-portrayals-indigenous-people>.
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
Cassidy and Max speak with four UVic law students about their renting experiences as a jumping off point to inquire more broadly about the scope and application of tenancy rights in BC.
They interview lawyers Robert Patterson and Zuzana Modrovic of the Tenant Resource and Advisory Centre (TRAC) and Doug King of the Together Against Poverty Society (TAPS). The conversation touches on vacancy control, eviction notices, tips for the arbitration process, the impact of the housing crisis on supported housing, and more.
For more information about TRAC, visit https://tenants.bc.ca.
For more information about TAPS, visit https://www.tapsbc.ca.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com.
Hosts: Cassidy Menard and Max Gross
Editing: Cassidy Menard
Production: Cassidy Menard, Max Gross, and Kai Fig Taddei
Theme song: Logan Aitken
Music: Machinery by Eddy
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
Tom talks about the problems with "legalese" and the rise of the plain language legal writing movement, before interviewing Cheryl Stephens, the founder of Plain Language Association International (PLAIN). Together they discuss ways to simplify legal language, the importance of plain language drafting and learn some new Scrabble words.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com.
Guests: Cheryl Stephens
Hosting and editing: Tom Ndekezi
Outro Music: Machinery by Eddy
Sound Effects: Kevin MacLeod
Theme Song: Logan Aitken
Tim Sandle, “Report finds only 1 percent reads ‘Terms & Conditions’”, (29 January 2020), online: www.digitaljournal.com < https://www.digitaljournal.com/business/report-finds-only-1-percent-reads-terms-conditions/article/566127#ixzz7upD4UOAX>.
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
Join Cassidy and Patrick in conversation with the Honourable Michelle O’Bonsawin, the first Indigenous justice to serve on the Supreme Court of Canada and the court’s most recent appointee. Justice O’Bonsawin shares anecdotes about her career prior to the SCC, talks emerging issues in the law, and gives listeners a sense of her life outside of the courtroom. Stay tuned after the interview for a debrief with the hosts about the experience.
A special thank you to the UVic FemLaw Club for their contributions.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com.
Guests: The Honourable Michelle O’Bonsawin
Hosts: Cassidy Menard (she/her) and Patrick McDermott (he/him)
Editing: Patrick McDermott
Music: Machinery by Eddy
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
In part two of our series on Decriminalization & Harm Reduction, Patrick is joined by members of H.A.R.D. Law for a round table discussion on advocacy in law school. Building upon or previous episode regarding BC’s recent decriminalization of small possession, this episode delves deeper into the role of law students in advocating for these important issues. Our guests share their experiences with advocating for harm reduction and decriminalization in law school, including the formation of H.A.R.D. Law and research projects. Through their stories, we gain insight into the challenges and opportunities of advocacy work in law school, and the importance of using legal education to progressive social change.
To obtain copies of the zines discussed in this episode, email hardlawuvic@gmail.com.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com
Guests: Katie Curry, Hillary Mutch, Declan McGovern, Sean Price, and James Mager
Hosts: Patrick McDermott (he/him)
Editing: Patrick McDermott
Theme Song by Logan Aitken
Interstitials: Machinery by Eddy
In part one of our series on Decriminalization & Harm Reduction, we delve into the controversial drug exemption policy that came into effect on January 31st in BC. Patrick and Max talk to Sandra Ka Hon Chu, Co-Executive Director at HIV Legal Network, and Nathan Crompton from VANDU, who share insight into how this exemption came to be and their perspectives on the policy's effectiveness. Throughout the episode, we examine the challenges and opportunities that the policy presents, including issues around stigma, how this might impact the policing and prosecution of drug trafficking, and the ongoing toxic drug crisis.
If you have any feedback you would like to share with the hosts, please send us an email at appealpodcast@gmail.com
Hosts: Patrick McDermott (he/him) & Max Gross (he/him)
Editing: Patrick McDermott & Max Gross
Theme Song by Logan Aitken
Interstitials: Machinery by Eddy
Meet the “cool kids” of the Appeal law journal.
In this episode, the season 4 hosts of Stare Indecisis introduce themselves to help listeners better understand their positionality in relation to the subject-matter of future episodes. They then move to a discussion of land acknowledgements: what they mean to them personally, and how they define them in the context of law school and this season’s podcast episodes.
Lastly, they answer questions from the New York Times article “The 36 Questions That Lead to Love.” The hosts answer everything from “what is your favourite podcast?” to “when did you last cry?” Tune in for unhinged speculation about surfing with dementia, whether they’d recognize Stephen King on the street, and the likelihood of Patrick dying on the toilet.
If you have any feedback you would like to share with the hosts, please send them an email at appealpodcast@gmail.com.
Hosts: Cassidy Menard (she/her), Tom Ndekezi (he/him), Patrick McDermott (he/him)
Editing: Patrick McDermott
Music: Machinery by Eddy
http://freemusicarchive.org/music/eddy/2_Damn_Loud/Machinary_NO_VOX
We respectfully acknowledge the Lekwungen peoples on whose traditional territory the University of Victoria stands and the Songhees, Esquimalt and WSÁNEĆ peoples whose historical relationships with the land continue to this day.
Join our guest host Gabriella Bright in conversation with Dean Napoleon. Their discussion touches on favourites, inspirations, Dean Napoleon's journey to law school, visions for the future, as well as answers to some hard-hitting questions from the student body. This episode is split into three sections: 1) rapid fire questions that will give you some insight into Dean Napoleon, 2) a discussion of her journey to law and in law so far, and 3) Student submitted questions. Take a listen for an inspiring and energizing chat.
Interviewer: Gabriella Bright, 2L JD/JID (Stare Indecisis volunteer)
Editing: Patrick McDermott and Vinson Shih
Navigating law school and the law is a unique experience—what is it like as a queer person? In this episode, Vinson profiles Layne Clarke, a fellow queer law student at UVic. Join the two as they examine what their queerness means to them, and what it means to be queer in law in this cozy coffee chat.
Guest: Layne Clarke (they/them)
Host/Producer/Editor: Vinson Shih (he/him)
Theme Music: Jeremy Marsan jeremymarsan.com
Special Thanks: Glen Swarnadhipathi, CFUV 101.9 FM CFUV.uvic.ca
Website: onlineacademiccommunity.uvic.ca/stareindecisis
Contact: appealpodcast@gmail.com
Facebook: @appealreviewofcurrentlawandlawreform
Twitter: @AppealLawReview
00:45 - Who is Layne? Being genderqueer
04:11 - Port Hardy, GSA, small town beginnings as a baby gay
07:30 - Stories from Western - Dodging archeology and lessons in queer advocacy
11:33 - Queerness and perspective - Empathy and being an outsider
15:08 - Layne’s road to law school - Eat pray love? Epiphany in Rwanda
21:31 - Job-hunting while queer - The little things and some hope
25:48 - Practice Direction PD-59 - It doesn’t have to be a big thing
27:41 - Law school activism and community - Outlaws, PBSC Trans ID clinic
33:37 - The ideal queer goes to Church St? - Intersectionality and what still troubles us about the law
38:19 - Wouldn’t have it another way - How queerness is a strength
41:10 - QAnon analysis, SCOTUS, Stardew Valley - Layne’s pop culture recs
Curious about Appeal? Wonder what it's like to work on a law journal? Join podcast host Sarah Lachance in this new mini-series as she interviews different members of Appeal's editorial board to learn more about the different departments, roles, and all the reasons you should get involved in the journal. Tune in this week to hear Vinson Shih share his experience on the Podcasting/Public Relations team and his thoughts on why you should get involved in Appeal!
Host/Producer/Editor: Sarah Lachance (she/her)
Theme Music: Jeremy Marsan jeremymarsan.com
Special Thanks: Nicola Watts, CFUV 101.9 FM CFUV.ca
Website: onlineacademiccommunity.uvic.ca/stareindecisis
Contact: appealpodcast@gmail.com
Facebook: @appealreviewofcurrentlawandlawreform
Twitter: @AppealLawReview
Curious about Appeal? Wonder what it's like to work on a law journal? Join podcast host Sarah Lachance in this new mini-series as she interviews different members of Appeal's editorial board to learn more about the different departments, roles, and all the reasons you should get involved in the journal. Tune in this week to hear Jinjae Jeong share his experience as a member of the Publications Department and his thoughts on why you should get involved in Appeal!
Host/Producer/Editor: Sarah Lachance (she/her)
Theme Music: Jeremy Marsan jeremymarsan.com
Special Thanks: Nicola Watts, CFUV 101.9 FM CFUV.ca
Website: onlineacademiccommunity.uvic.ca/stareindecisis
Contact: appealpodcast@gmail.com
Facebook: @appealreviewofcurrentlawandlawreform
Twitter: @AppealLawReview
Content warning: In this episode we discuss sexual assault and intimate partner violence, as well as survivors of sexual assault navigating reporting and trial.
Stare Indecisis sits down with Camas Ussery, an author in Volume 27 of Appeal (published Spring 2022). We discuss Camas’ paper, “The Myth of the Ideal Victim: Combatting Misconceptions of Expected Demeanour in Sexaul Assault Survivors” and how the myth of the ideal victim can prejudice a trier of fact to view survivors as non-credible witnesses at trial.
Highlights
00:03:11 - What Is the Ideal Victim Myth?
00:04:58 - How is the myth used?
00:06:40 - The Myth and the Courtroom
00:07:50 - Trauma and Demeanour
00:09:16 - The Duty of Lawyers and Judges
Here are some resources in the event that you or someone you know has experience sexual assault and would like to speak to a qualified individual.
Ending Violence Canada provides a list of sexual assault centres and crisis lines that are organized by region and specific need: endingviolencecanada.org/sexual-assault-centres-crisis-lines-and-support-services/
The Vancouver Island Crisis Line : 1-888-494-3888
They can connect to the Victoria Sexual Assault Centre.
Victoria Sexual Assault Centre directly at 250-383-3232 or VSAC.ca
Take Care.
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