Law Times

Page 6 January 18, 2016 • Law Times www.lawtimesnews.com New year, new editor Remember the name Gabrielle Giroday; you will be hearing a lot from her. That's because Gabe, as she likes to be known, is the new editor of Law Times. She comes from good stock. Toronto-born, Giroday is a former Win- nipeg Free Press reporter, which included a three-year stint covering justice issues. Recently, she worked in communications and media relations for the Manitoba provincial government, advising on a range of portfolios, touching on everything from the economy to municipal affairs and women's issues. She joins Law Times' talented writing and editing staff at a time of great change facing the media business, and I am sure she is up for the job. I know that the legal community will welcome her warmly and en- couragingly, as it did me in 1990, when we launched this upstart paper. Giroday's appointment brings my six-week stint as interim editor to an end. They say you can never go home, but apparently that's not the case. You can. What's interesting is how little — yet how much — home has changed. Lawyer advertising, which was once taboo and subject to much discus- sion in the late '80s and early '90s, is again in the news. It's concern over content that has some people up in arms, not much different from two decades ago. Other issues, such as modernizing the justice system — a mantra when I was press secretary to the attorney general in the 1990s— is still a primary concern. Law firms continue to grow and professionalism re- mains paramount. But there have also been big changes. The law firm business model where associates work hard for seven years to make partner or be shown the door is, thankfully, changing. The billable hour, once the law firm staple, is falling by the wayside, yielding to alternative fee arrangements. One thing, for sure, that hasn't changed over all this time is the passion, dedication, and commitment that lawyers show to their clients and society. Few professions commit the hours and resources that the legal industry does to pro bono and chari- table efforts. Governments benefit from countless hours of mostly unbillable time that lawyers spend researching and commenting on new laws and regu- lations in an effort to improve them. Whether it's helping Syrian refugees or assisting the wrongfully accused, you can bet there's a lawyer somewhere willing to step up. Then there's time spent volunteering on boards and fundraising for community organizations. It's a side of the legal business that, unfortunately, the public seldom sees, but it is central to building a strong and healthy community and a free and democratic society. Sure, we have our bad apples, but what profession doesn't? I'm proud to be part of this profession. Thanks for listening, and Gabe, welcome aboard. LT COMMENT ©2016 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written per- mission. 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 disclaims any warranty as to the accuracy, com - pleteness or currency of the contents of this pub- lication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. LT.Editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $199.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. 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Cohen Editor . . . . . . . . . . . . . . . . . . . . . . . .Jim Middlemiss Staff Writer . . . . . . . . . . . . . . . . . . . . . . Neil Etienne Staff Writer . . . . . . . . . . . . . . . . . . . . Yamri Taddese Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editors . . . . . . . . . . . . . Adela Rodriguez & Jennifer Wright Acting Art Director . . . . . . . . . . . . . . . Steve Maver Production Co-ordinator . . . . . . .Sharlane Burgess Electronic Production Specialist . . . Derek Welford Law Times Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com LT.Editor@thomsonreuters.com • @lawtimes u EDITORIAL OBITER By Jim Middlemiss Blair lights up marijuana file P rime Minister Justin Trudeau took a giant step forward by ap- pointing former Toronto police chief Bill Blair as the country's marijuana legalization czar. It's the first big public move since Trudeau was talking so openly about le- galizing the drug and taking it out of the hands of organized crime. Professor Errol Mendes, a constitu- tional and international law expert at the University of Ottawa, says the way to pro- ceed is for Canada to first establish how it wants to regulate the production, sale, and possession of marijuana. That involves agreement with the vari- ous provinces, which could take consid- erable time. They don't all agree on the same thing in a new law. Then the federal government must consult with the relevant international treaty partners to gauge whether these regulations actually conf lict with Cana- da's foreign obligations, and if they do, ex- amine how to modify them if we choose to go ahead with a regulatory framework. If any modifications are required, Can- ada must achieve them either before or at the time the regulatory framework is im- plemented. What is important for Canada is to tell the world in simple terms exactly what legalization and decriminal- ization will mean and then wait to see how various coun- tries that have treaties with us on marijuana will react. "Countries modify in- ternational treaties all the time," says Prof. Mendes. It is how other countries react to changes that Canada proposes that will determine whether another country feels we have violated our treaty obligations regarding marijuana. Canada could also find other countries saying they see no treaty violation under Canada's new marijuana laws. Some, in fact, have marijuana laws that the current Liberal government may be contemplating. Prof. Mendes says "there are always ways to show you are actually living up to the goals of the treaty by eliminating the bad aspects of marijuana drug use, which is your reason for modifying a drug treaty and letting the other coun- try, which has signed your treaty, decide whether the changes you made have vio- lated the treaty." This is not to say there will be no problems whatsoever with the new drug laws the Liberal government brings in. Already, eight American states have legalized mari- juana use and other states are moving closer to doing the same; however, the American federal government has not given up the right to prosecute some aspects of drug use. As well a number of Amer- ican states have publicly informed the government in Washington that even if President Barack Obama liberalizes mar- ijuana laws, they will still insist on their right to prosecute under existing laws. A great deal may depend on who be- comes the new U.S. president this fall. Many Republican politicians have al- ready served notice publicly they would not tolerate liberalized marijuana laws in neighbouring Canada. What if Donald Trump is elected next November? How would he react to le- galized marijuana next door in Canada? Would Canada simply be another Mex- ico for him, requiring high, cement walls along the border? Otherwise, there is no indication the U.S. would attack Canadian marijuana fields the way it has burned and destroyed marijuana crops in Latin America. Prof. Mendes predicts any changes in Canadian marijuana laws will be incre- mental and slow. "Look how long it took to modify the law on alcohol use," he says. It also points to a Liberal government interested in moving in on marijuana's lucrative drug market profits, not just loose, post-election campaign talk. Blair, Trudeau's marijuana point man, may not have been overly quick to move in on former Toronto mayor Rob Ford's bad drug habits, but the newly anointed MP has made it clear in the past that he was not part of the municipal police chief pack opposed to legalizing marijuana, even if it was done properly, and with due attention to health and crime issues. Let's see what Blair does. LT uRichard Cleroux is a freelance re- porter and columnist on Parlia- ment Hill. His e-mail address is richardcleroux34@gmail.com. The Hill Richard Cleroux

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