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PAGE 6 COMMENT Law Times Group Publisher ....... Karen Lorimer Associate Publisher ...... Gail J. Cohen Editor ............ Gretchen Drummie Associate Editor ......... Robert Todd Staff Writer ............. Glenn Kauth Copy Editor ............. Neal Adams CaseLaw Editor ...... Jennifer Wright Art Director .......... Alicia Adamson Production Co-ordinator .. Catherine Giles Electronic Production Specialist ............. Derek Welford Advertising Sales .... Kimberlee Pascoe . . . . . . . . . . . . . . . . . . . . . . . . . . Kathy Liotta . . . . . . . . . . . . . . . . . . . . . . . . . Rose Noonan Sales Co-ordinator ......... Sandy Shutt ©Law Times Inc. 2008 All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times Inc. disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Editorial Obiter Paging agent Scully E veryone put on their tinfoil hats and stare deeply at the paper — this one's about mind control. Full disclosure: we're writing this in our jammies, on a typewriter from an undis- closed location below the Earth's crust. According to a Nanaimo Daily News story, Jerry Rose is seeking $2 billion in damages from Microsoft, Telus, Wal-Mart, the RCMP, the University of B.C., and the B.C. College of Physicians and Surgeons. Why? Well, he alleges brainwave control, satanic rituals, and witchcraft, of course. But here's the best part: a Nanaimo judge declined to bite on the invitation of five lawyers to toss the case. According to the story the lawyers argued it was so out there it should be dismissed. What's their problem? This sounds like just another day at work. But turning serious for a moment, huh? You read it right: the judge didn't chuck it out of court. The claim says that Rose has been "subject to invasive brain computer in- terface technology, research, experiments, field studies, and surgery." But the Daily News further reports that Microsoft lawyer Jennifer Millbank said the claim doesn't provide details on how or when the defen- dants may have caused Rose harm. She is quoted as saying Rose's two page statement of claim is "nothing short of bizarre," and it would be "im- possible this would ever be a case for trial on the merits." Justice Fraser Wilson countered that while indeed the case is "certainly an unusual one," he felt he needed to be con- vinced there was nothing in the claim that could be litigated, says the Daily News. Millbank forged ahead, noting there's no scientific evidence to prove brain con- trol is even possible. "I think this is akin to someone saying they sustained injuries because their boat fell off the edge of the world . . . My clients ought not to be sub- jected to what is a nuisance lawsuit." Neither should the taxpayers. Wilson, the Daily News said, noted the case of a CIA-sponsored experiment at McGill University from 1957 to 1964 in which people were given LSD without consent. But Millbank argued that in this instance there are no material facts a court could act upon; she said Microsoft had no direct contact with Rose. Meanwhile, the story says Rose read a statement alleging the mind control is ongoing with "brain-drain technologies" under the RCMP and tactics to shut down his lawsuit. And he said he wants $2 billion be- cause some computer technology that he invented was stolen. "I'm not a lawyer, but I have proof," he said. Of what, life on Jupiter? Well, we turn to another B.C. pop culture icon, the X-Files, for direction. The truth is out there. (We kinda want to know more about the satanic ritual al- legations.) Someone take control of this thing and send it to outer space. — Gretchen Drummie are worth taking the time to look at. Amongst the best known are the bestsellers Blink and Freako- nomics, but I also recommend Predictably Irrational and Mis- takes Were Made (but not by me). Malcolm Gladwell's treatise C in Blink: The Power of Think- ing Without Thinking is that the mind can quickly select and pro- cess information: your intuitive first choice may well be your best choice. If your gut feeling is that an equitable result would be 'x,' but the law seems to say 'y,' you look closer, as your understand- ing of the law may be wrong. The power of first impres- sions is well known: when first meeting a client you know whether he is going to be dif- ficult. But being hasty with clients is inadvisable: Gladwell notes that doctors who take 3.3 more minutes to talk to their patients are less likely to be sued. And the converse of the "blink" principle can be true. urrently there are some compelling books on popular psychology that Curl up with a good book . . . or five A Criminal Gladwell cites the example of four police officers driving through a bad neighbourhood in the Bronx. Amadou Diallo, a black immigrant from Guinea, was outside his building tak- ing in the night. The collec- tive reaction of the four offi- cers resulted in 41 shots being discharged. Many police forces have recently moved to having one-officer squad cars, instead of two. A single officer is more circumspect and less likely to use force when encountering a sus- pect. Complaints are more likely against two-officer teams. Another fascinating read is Freakonomics: A Rogue Econo- mist Explores the Hidden Side of Everything which has such tanta- lizing topics as "Why Do Drug Dealers Still Live with Their Moms" (they are poor), and "Where Have All the Criminals Gone?" (the legalization of abor- tion). Authors Steven Levitt and Stephen Dubner make many observations about modern life, such as why the word "charm- ing" devalues a house, and that realtors keep their own houses Mind By Rosalind Conway on the market an average 10 days longer than their clients', and sell them for 3% more. Freakonomics is best known for its discussion of naming trends for children, especially amongst different socio-eco- nomic groups. The occasional individual rebels against his name, like the policeman named Loser a.k.a. "Lou" Lane and his hapless brother Winner with the long rap sheet. The name signals the parents' expec- tation for their child. Predictably Irrational: The Hidden Forces That Shape Our Decisions by Dan Ariely is about behavioural economics and improving people's deci- sion making. Ariely deals with the interface between econom- ics and human behaviour. The power of "FREE!" gets a lot of www.lawtimesnews.com attention. In one experiment, Lindt truffles could not be sold at ridiculously low prices if Hershey's Kisses were being given away. Conversely, a 50- cent Aspirin cures a headache better than a one-penny ge- neric one. Ironically, placebo surgery may offer the same benefits as the real thing. Ariely says that people feel good about donating their ser- vices (or their blood, in an ex- ample in Freakonomics), but they feel demeaned if they are paid a small stipend. They will work harder for a cause than for cash. For criminal lawyers, there are some insights into honesty: peo- ple find it easier to justify steal- ing items than cash, and they are more honest if they have merely been asked to remember the Ten Commandments. Mistakes Were Made (but not by me) by Carole Tavris and Elliot Aronson is a study of self-justifi- cation. Most people view them- selves as moral and intelligent. They discuss the popular Reid Technique of statement taking and inducing false confessions, November 17, 2008 • Law Times Law Times Inc. 240 Edward Street, Aurora, ON • L4G 3S9 Tel: 905-841-6481 • Fax: 905-727-0017 www.lawtimesnews.com President: Stuart J. Morrison Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Law Times Inc. 240 Edward St., Aurora, Ont. L4G 3S9 • 905-841-6481. lawtimes@clbmedia.ca CIRCULATIONS & SUBSCRIPTIONS $141.75 per year in Canada (GST incl., GST Reg. #R121351134) and US$266.25 for foreign addresses. Single copies are $3.55 Circulation inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times Inc. 240 Edward St., Aurora, Ont. L4G 3S9. Return postage guaranteed. Contact Kristen Schulz-Lacey at: kschulz-lacey@clbmedia.ca or Tel: 905-713-4355 • Toll free: 1-888-743-3551 or Fax: 905-841-4357. ADVERTISING Advertising inquiries and materials should be directed to Sales, Law Times, 240 Edward St., Aurora, Ont. L4G 3S9 or call Karen Lorimer at 905-713-4339 klorimer@ clbmedia.ca, Kimberlee Pascoe at 905-713-4342 kpas- coe@clbmedia.ca, or Kathy Liotta at 905-713- 4340 kliotta@clbmedia.ca or Sandy Shutt at 905-713-4337 sshutt@clbmedia.ca or Rose Noonan at 905-726-5444 rnoonan@clbmedia.ca Law Times is printed on newsprint containing 25-30 per cent post-consumer recycled materials. Please recycle this newspaper. and the now-debunked recovered memory syndrome. False memo- ries of victimization can be highly detailed: this is imagination infla- tion. In a first interview with a suspect, a police officer tends to make a snap decision. Then the rest of the investigation falls in line. Discarding exculpatory evi- dence is confirmation bias. Pros- ecutors can justify a conviction, even in the light of subsequent exculpatory DNA evidence, by the fact that the judge or the jury convicted. All of the above make ab- sorbing reading, but I would like to end by mentioning one book by a lawyer: John Grish- am's The Innocent Man: Murder and Injustice in a Small Town. This disturbing non-fiction work about a wrongful convic- tion is a worthwhile read for all criminal lawyers to remind us of the importance of our role in the justice system. LT Rosalind Conway is a certified specialist in criminal litigation. She can be reached at rosalind. conway@magma.ca.