courts, law, lawyers, negotiation

What use is a lawyer anyway?

There is a place in Africa where, as a result of colonialism, geography, and local politics four nations; Botswana, Namibia,  Zambia and Zimbabwe all converge, creating a rare cartographic phenomenon called a ‘quadripoint’. The oddity  of a four way border exists because, in colonial times rivers made for easy borders. They were easy for everyone to understand, and, they didn’t have to be surveyed. The only real problem with using a river to denote a border is that the pesky things never stay still, constantly changing course and carving  out new channels. Botswana’s slice of the four way border marked in part by the  Zambezi River, for example, has shrunk to only some 150 yards of river frontage.

The problem becomes more apparent if one floats downstream from Kazungula, the actual site of the quadripoint, and onto the Chobe river where, just past the town of Kasane, Sedudu Island is encountered. The Chobe river is also an international boundary – between Botswana and Namibia- it was set by the Germans and the British as they were carving up that portion of Africa in 1890, with the Heligoland-Zanzibar Treaty, which stipulated the boundary to be “the thalweg of the main channel—of the Chobe River.”

Sedudu Island sits smack in the middle of the Chobe river, five square kilometres of prime grazing land with two wide channels around it, one flowing to the north,  (Namibia)and one to the south (Botswana)- so who does it belong to ? Both countries want it, Namibia to provide agricultural land for its growing population, and Botswana, for inclusion into Chobe National Park

The traditional way to resolve such a border dispute would have been armed conflict, with each side sending armed forces to claim, occupy, and defend the disputed land (and probably destroying it in the process.) But Botswana and Namibia, peace loving nations both, went a different route- they hired lawyers!

The dispute was submitted to the International Court of Justice in the Hague (best known as a soft berth for well-connected law professors looking for a European sabbatical) And the court, in proper lawyer-like fashion, tackled the dispute – taking some three years to ponder, at a leisurely pace, the proper interpretation of the 1890 treaty, the principles of international law and the empirical evidence dredged up (literally) by the lawyers for each nation.

At the end of the day, the dredging evidence held sway, and the court held that, taking into consideration the measured depth, width, and water flow of both channels, the northern channel won the title of “main Channel” and the island belonged to Botswana.

So, all in all, a victory for lawyers and the rule of law, and an armed conflict in a volatile part of the world averted. Remember that the next time someone asks  you ” what use is a lawyer anyway?)

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courts, law, lawyers

A Tax on Broken Souls

is how one judge described the Mandatory Victims Surcharge. This surcharge – an additional fine tacked onto every criminal sentence- $100 for summary offences and $300 for  indictable ones -was made mandatory for all offenders in the 2013 criminal law reforms brought in by the Conservative government. Continue reading “A Tax on Broken Souls”

Big Law, computers, courts, dispruptive technology, law, Law Society of BC, lawyers

The Legal year that was-2018

Once again this year I succumb to the lazy pundits’ content creation strategy of posting a retrospective on the highlights of the legal year now drawing to a close. And why Not? Not only has it been a busy, busy year, but I have a hunch that a few years down the pike, analysts will be opining that 2018 was a watershed year in the evolution of the profession. Continue reading “The Legal year that was-2018”

courts, law, Law Society of BC, lawyers

Justice Delayed

Since the Attorney General seems determined to create a species of half-trained lawyers and to have them regulated by the Law Society perhaps we ought to examine some of the mechanics of how that might work. Continue reading “Justice Delayed”

courts, divorce, family law, law, lawyers, politics

Herding Cats

There is an old saying that  managing lawyers is just like herding cats: neither likes being managed, herded or told what to do, as the Law Society of BC and the Attorney General discovered last week at the Society’s Annual General meeting, where the lawyers, hissing and scratching all the way, torpedoed the AG’s latest pet project. Continue reading “Herding Cats”

dispruptive technology, law, politics

The Red Flag Act of 2018

Mankind has always had an ambivalent relationship with disruptive technology. Inventive by nature we are constantly coming up with breakthrough ideas then slamming on the brakes out of fear that new technologies may need casualties in their wake.

The first red flag act was passed in the UK in  1865- to deal with the peril of self propelled vehicles or “horseless carriages” as they were sometimes known. Similar legislation was passed in several US states in the 1890s- they were called “red flag” acts, because they required horseless carriages to be accompanied by a flag person waving a red flag to warn others of their approach.

The newest red flag act was introduced by the BC government this month in the form of the Passenger Transportation Amendment Act–  also known as the “Nobble Uber  At All Costs Act”. It is a classic Luddite reaction to the emergence of disruptive technology. The legislation seeks to eliminate all of the unique attributes of ride sharing, such as the ability to tap into casual part-time drivers, and the use of dynamic pricing, and tries to force ride sharing into the old-fashioned taxi business model.

Just as the governments of the day had no success forcing horseless carriages to throttle back to the speed of the horse-drawn carriages they were replacing, I predict that the BC government will not be able to continue to bind the hands of the ride sharing movement for much longer. Frankly, it is an embarrassment that they are attempting to do so.